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MISSISSIPPI CODE 1972 

Ann a {uicx . 



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TABLE OF CONTENTS 

VOLUME 1 1 



TITLE 41 

PUBLIC HEALTH 

Chap. Beginning 

No. Section 

I. Mississippi Department of Public Health [Repealed] 41-1-1 

3. State Board of Health; Local Health Boards and 

Officers 41-3-1 

4. Department of Mental Health 41-4-1 

5. Governing Authorities for State Hospitals and 

Institutions 41 -5-1 

7. Hospital and Health Care Commissions 41-7-1 

9. Regulation of Hospitals; Hospital Records 41-9-1 

10. Medical Records 41-10-1 

I I . State Charity Hospitals; Mississippi Children's Rehabilita- 
tion Center 41-11-1 

13. Community Hospitals 41-13-1 

15. Department For The Prevention of Insanity 

[Repealed] 41-15-1 

17. State Mental Institutions 41-17-1 

1 9. Facilities and Services for Individuals with Mental Retarda- 
tion or Mental Illness 41-19-1 

21. Individuals with Mental Illness or Mental Retardation 41-21-1 

22. Hemophilia 41-22-1 

23. Contagious and Infectious Diseases; Quarantine 41-23-1 

24. Sickle Cell Testing Program 41-24-1 

25. Disinfection and Sanitation of Buildings and Premises .... 41-25-1 

26. Mississippi Safe Drinking Water Act of 1997 41-26-1 

27. Mosquito Control 41-27-1 

28. Diabetes 41-28-1 

29. Poisons, Drugs and Other Controlled Substances 41-29-1 

30. Alcoholism and Alcohol Abuse Prevention, Control 

and Treatment 41 -30-1 

31. Commitment of Alcoholics and Drug Addicts for 
Treatment 41-31-1 

32. Commitment of Alcoholics and Drug Addicts to Private 
Treatment Facilities 41-32-1 

33. Tuberculosis and Respiratory Diseases; Tuberculosis 

Sanatorium 41 -33-1 



Chap. Beginning 

No. Section 

34. Health Care Practice Requirements Pertaining to 41-34-1 
Transmission of Hepatitis B and HIV 

35. Eye Inflammation of Young 41-35-1 

36. Determination of Death 41-36-1 

37. Autopsies 41-37-1 

39. Disposition of Human Bodies or Parts 41-39-1 

41. Surgical or Medical Procedures; Consents 41-41-1 

42. Family Planning 41-42-1 

43. Cemeteries and Burial Grounds 41-43-1 

45. Sexual Sterilization [Repealed] 41-45-1 

47. Transportation and Possession of Parakeets and 

Other Birds [Repealed] 41-47-1 

49 Regulation of Hotels and Innkeepers 41-49-1 

51. Animal and Poultry By-Products Disposal or Rendering 

Plants 41-51-1 

53. Rabies Control in Dogs and Cats 41-53-1 

55. Public Ambulance Service 41-55-1 

57. Vital Statistics 41-57-1 

58. Medical Radiation Technology 41-58-1 

59. Emergency Medical Services 41-59-1 

60. Emergency Medical Technicians — Paramedics — Use 

of Automated External Defibrillator 41-60-1 

61. State Medical Examiner 41-61-1 

63. Evaluation and Review of Professional Health 

Services Providers 41 -63-1 

65. [Reserved] 

67. Mississippi Individual On-Site Wastewater Disposal 

System 41-67-1 

69. [Reserved] 

71. Home Health Agencies 41-71-1 

73. Hospital Equipment and Facilities Authority Act 41-73-1 

75. Ambulatory Surgical Facilities 41-75-1 

77. Licensing of Birthing Centers 41-77-1 

79. Health Problems of School Children 41-79-1 

81. Perinatal Health Care 41-81-1 

83. Utilization Review of Availability of Hospital Resources 

and Medical Services 41-83-1 

85. Mississippi Hospice Law of 1995 41-85-1 

86. Mississippi Children's Health Care Act 41-86-1 

87. Early Intervention Act for Infants and Toddlers 41-87-1 

88. Mississippi Child Immunization Act of 1994 41-88-1 

89. Infant Mortality Task Force 41-89-1 

90. Hearing Impairment of Infants and Toddlers 41-90-1 

91 1 Central Cancer Registry 41-91-1 



Chap. Beginning 

No. Section 

93. Osteoporosis Prevention and Treatment Education 

Act 41-93-1 

95. Mississippi Health Policy Act of 1994 41-95-1 

97. State Employee Wellness and Physical Fitness 

Programs 41-97-1 

99. Qualified Health Center Grant Program 41-99-1 

101. Mississippi Council on Obesity Prevention and 

Management 41-101-1 

103. Task Force on Heart Disease and Stroke Prevention 41-103-1 

105. Healthcare Coordinating Council 41-105-1 

107. Health Care Rights of Conscience 41-107-1 

109. Leonard Morris Chronic Kidney Disease Leadership Task 

Force 41-109-1 

1 1 1 . Child Death Review Panel 41-111-1 

1 1 3. Tobacco Education, Prevention and Cessation Program .... 41-113-1 

1 1 5. Tanning Facilities 41-115-1 



MISSISSIPPI CODE 
1972 



ANNOTATED 



ADOPTED AS THE OFFICIAL CODE OF THE 

STATE OF MISSISSIPPI 

BY THE 

1972 SESSION OF THE LEGISLATURE 



VOLUME ELEVEN 

PUBLIC HEALTH 

§§ 41-1-1 to 41-115-1 



CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI 

TO THE END OF THE 2009 REGULAR LEGISLATIVE SESSION 

AND THE 1ST THROUGH 3RD EXTRAORDINARY SESSIONS 



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Copyright © 1973—2009 

by 

THE STATE OF MISSISSIPPI 



All rights reserved. 

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ISBN 978-1-4224-5910-2 (Volume 11) 
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PREFACE 

The Mississippi Code of 1972, which became effective on November 1, 
1973, is the culmination of nearly four years of effort on the part of the 
Legislature, the Attorney General's office and the publishers, which brings 
together provisions of general statutory law having a common subject matter 
into a more orderly and logical framework of code titles and chapters, and 
employing a modern and effective section numbering system. A major by- 
product of the code revision will be the state-owned magnetic computer tape 
containing the Mississippi Code of 1972, which will be of invaluable assistance 
to the Legislature and to the state. 

The enabling act for the code was a recommendation of the Mississippi 
State Bar, which resulted in the consideration and passage of Senate Bill 1964, 
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. 

The Code Committee provided for in that act was comprised of A. F. 
Summer, Attorney General, Heber Ladner, Secretary of State, Representative 
Edgar J. Stephens, Jr., Chairman, House Appropriations Committee, Senator 
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- 
sentative H. L. Meredith, Jr., Chairman, House Judiciary "A" and Judiciary en 
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and 
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., 
Chairman, House Judiciary "B" Committee, and Senator William E. Alexander, 
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby 
Robert Penton and Senator Herman B. Decell, Chairman of House and Senate 
Judiciary "B" Committees, respectively, became members of the Committee, 
replacing Representative Gore and Senator Collins, Senator Alexander having 
been appointed Chairman of Senate Judiciary "A" and Judiciary en banc 
Committees. The Deputy Attorney General, Delos H. Burks, served the Code 
Committee as Secretary. Special Assistant Attorney General Fred J. Lotterhos, 
under the supervision of the Attorney General, was assigned the principal 
responsibility for the supervision of the recodification, including the consider- 
ation and treatment of some 16,000 sections of code manuscript. 

Final legislative approval was given to the Mississippi Code of 1972 by 
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor 
William L. Waller on April 26, 1972. A copy of that act is set out in Volume 1, 
following the Publisher's Foreword. 

The Code Committee is of the opinion that the recodification has been 
thoroughly and well accomplished, and will result in a greatly improved 
repository of the general statutory law of the state. 

A. F. Summer 
Attorney General 



hi 



PUBLISHER'S FOREWORD 

This 2009 Replacement Volume 11 of the Mississippi Code of 1972 
Annotated represents material appearing in both the original 1973 bound 
volume, the 2001 Replacement Volume 11, and the 2005 Replacement Volume 
11, as well as reflecting amendments, repeals, and new Code provisions 
enacted by the Mississippi Legislature through the 2009 Regular Legislative 
Session and the 1st through 3rd Extraordinary Sessions. 

This volume contains the text of Title 41, of the Mississippi Code of 1972 
Annotated, as amended through the 2009 Regular Legislative Session and the 
1st through 3rd Extraordinary Sessions. 

Case annotations are included based on decisions of the State and federal 
courts in cases arising in Mississippi. Many of these cases were decided under 
the former statutes in effect prior to the enactment of the Code of 1972. These 
earlier cases have been moved to pertinent sections of the Code where they 
may be useful in interpreting the current statutes. Annotations to collateral 
research references are also included. 

To better serve our customers by making our annotations more current, 
LexisNexis has changed the sources that are read to create annotations for this 
publication. Rather than waiting for cases to appear in printed reporters, we 
now read court decisions as they are released by the courts. A consequence of 
this more current reading of cases, as they are posted online on LexisNexis, is 
that the most recent cases annotated may not yet have print reporter citations. 
These will be provided, as they become available, through later publications. 

This publication contains annotations taken from decisions of the Missis- 
sippi Supreme Court and the Court of Appeals with decision dates up to 
February 10, 2009, and decisions of the appropriate federal courts with 
decision dates up to December 23, 2008. These cases will be printed in the 
following reporters: 

Southern Reporter, 2nd Series 

United States Supreme Court Reports 

Supreme Court Reporter 

United States Supreme Court Reports, Lawyers' Edition, 2nd Series 

Federal Reporter, 3rd Series 

Federal Supplement, 2nd Series 

Federal Rules Decisions 

Bankruptcy Reporter 

Additionally, annotations have been taken from the following sources: 

American Law Reports, 6th Series 
American Law Reports, Federal Series 
Mississippi College Law Review 
Mississippi Law Journal. 

Finally, published Opinions of the Attorney General and opinions of the 
Ethics Commission have been examined for annotations. 



Publisher's Foreword 

A comprehensive Index appears at the end of this volume. 

Visit the LexisNexis website at http://www.lexisnexis.com for an online 
bookstore, technical support, customer support, and other company informa- 
tion. 

For further information or assistance, please call us toll-free at (800) 
833-9844, fax us toll-free at (800) 643-1280, e-mail us at 
customer.support@bender.com, or write to: Mississippi Code Editor, 
LexisNexis, 701 E Water Street, Charlottesville, VA 22906-5389. 

October 2009 LexisNexis 



VI 



User's Guide 

This guide is designed to help both the lawyer and the layperson get the 
most out of the Mississippi Code of 1972 Annotated. Information about key 
features of the Code and suggestions for its more effective use are given under 
the following headings: 

— Advance Code Service 

— Advance Sheets 

— Amendment Notes 

— Analyses 

— Attorney General Opinions 

— Code Status 

— Comparable Legislation from other States 

— Court Rules 

— Cross References 

— Editor's Notes 

— Effective Dates 

— Federal Aspects 

— Index 

— Joint Legislative Committee Notes 

— Judicial Decisions 

— Organization and Numbering System 

— Placement of Notes 

— Replacement Volumes 

— Research and Practice References 

— Source Notes 

— Statute Headings 

— Tables 

If you have a question not addressed by the User's Guide, or comments 
about your Code service, you may contact us by calling us toll-free at (800) 
833-9844, faxing us toll-free at (800) 643-1280, e-mailing us at 
customer.support@bender.com, or writing to Mississippi Code Editor, 
LexisNexis, P.O. Box 7587, Charlottesville, VA 22906-7587. 

ADVANCE CODE SERVICE 

Three times a year, at roughly quarterly intervals between delivery of 
Code supplement pocket parts, we publish the Mississippi Advance Code 
Service pamphlets. These pamphlets contain updated statutory material and 
annotations to Attorney General opinions, research and practice references, 
and recent court decisions construing the Code. Each pamphlet is cumulative, 
so that each is a "one-stop" source of case notes updating those in your Code 
bound volumes and pocket parts. 

ADVANCE SHEETS 

The Advance Sheets consist of a series of pamphlets issued in the spring. 
The series reproduces the acts passed by the Mississippi Legislature and 

vii 



User's Guide 

approved by the Governor during the legislative session. Features include 
tables showing the impact of legislation on sections of the Mississippi Code of 
1972 Annotated, and a cumulative index. These pamphlets enable the user to 
receive a preview of approved legislation prior to supplement availability, and 
serve as an excellent source of legislative history. 

AMENDMENT NOTES 

Every time a Code provision is amended, we prepare a note describing the 
effect of the amendment. By reading the note, you can ascertain the impact of 
the change without having to check the former statute itself. 

Amendment notes are retained in the Supplement until the bound volume 
is replaced, at which time notes from all but the last two years are deleted. 

Amendment notes are available online from 1991 until the present in the 
Mississippi Legislative Archive. 

ANALYSES 

Each title, chapter, and article appearing in a bound volume or supple- 
ment is preceded by an analysis. The analysis details the scope of the title, 
chapter, and article and enables you to see at a glance the content of the title, 
chapter, and article without resorting to a page-by-page examination in the 
bound volume or supplement. 

ATTORNEY GENERAL OPINIONS 

Opinions of the Attorney General for the State of Mississippi have been 
read for constructions of Mississippi law. Notes describing the subject matter 
of the opinions have been placed under relevant Code provisions under the 
heading "Attorney General Opinions." The citation at the end of each note 
refers to the person requesting the opinion, the date of the opinion, and the 
opinion number. 

CODE STATUS 

The Mississippi Code of 1972 Annotated is Mississippi's official code and is 
considered evidence of the statute law of the State of Mississippi (see § 1-1-8). 
The Code was enacted by Chapter 394 of the Laws of 1972, which was signed 
by the Governor on April 26, 1972. 

Title 1, Chapters 1 through 5 of the Code contain statutes governing the 
status and construction of the Code. 

COMPARABLE LEGISLATION 
FROM OTHER STATES 

Notes to comparable legislation from other states appear for uniform laws, 
interstate compacts, statutory provisions pertaining to reciprocity and cooper- 

viii 



User's Guide 

ation with other states, and various important statutes of general interest. 
Other states' statutes that are similar in subject matter and scope to those of 
Mississippi are cited, generally, under the first section of the chapter or article 
to which they pertain. Occasionally, comparable legislation pertains to only 
one section, in which case it is cited under that section rather than at the 
chapter or article level. 

See also Federal Aspects. 

COURT RULES 

The Mississippi Court Rules are published separately by LexisNexis in a 
fully annotated softcover volume which is replaced annually and supple- 
mented semi-annually. 

The Court Rules volume contains statewide rules of procedure of the state 
courts, the local rules of the United States district courts and bankruptcy 
courts for Mississippi, and the rules of the United States Court of Appeals for 
the Fifth Circuit. Rules are received from the courts and edited only for 
stylistic consistency. For further information, see the Preface to the Mississippi 
Court Rules volume. 

CROSS REFERENCES 

Cross references refer you to notes under other Code sections, that may 
affect a law or place it in context. Cross references also are used under repealed 
provisions to refer you to an existing law on a similar subject. Cross references 
do not cite all related statutes, however, since these can be identified by using 
the General Index. 

See also Comparable Legislation from other States and Federal Aspects. 

EDITOR'S NOTES 

Editor's notes are notes prepared by the Publisher that contain informa- 
tion about important or unusual features of a law, or special circumstances 
surrounding passage of the law, that are not apparent from the law's text. 

See also Effective Dates. 

EFFECTIVE DATES 

Absent a specific effective date provision within an act, Mississippi laws 
generally take effect upon approval date, which is the date the act is signed 
into law by the Governor. Acts affecting voting rights and procedures take 
effect on the date the United States Attorney General interposes no objection 
under § 5 of the Voting Right Act of 1965. 

ix 



User's Guide 
FEDERAL ASPECTS 

Notes to federal legislation that is similar in subject matter and scope to 
the laws of Mississippi are referenced throughout the Code. In addition, the 
Code contains the United States Code Service citation for any federal law that 
is referred to in a Mississippi statute by its popular name or by its session law 
designation. 

See also Comparable Legislation from other States. 

INDEX 

The Code is completely indexed in two softcover Index volumes, which are 
updated and replaced annually. In addition, each volume of the Code is 
followed by its own index. As accurate and thorough as the Index is, your best 
defense against index wild goose chases is familiarity with indexing tech- 
niques. To that end, an explanatory Foreword to the Index appears in the first 
Index volume. 

JOINT LEGISLATIVE COMMITTEE NOTES 

Joint Legislative Committee notes are included in the Code to describe 
codification decisions made by the Mississippi Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. Examples of Committee 
actions that warrant the inclusion of a note are the integration of multiple 
amendments to a single Code section during the same legislative session, and 
the correction of typographical errors appearing in the Code. 

JUDICIAL DECISIONS 

Every reported case from the Supreme Court of Mississippi, the Court of 
Appeals of Mississippi, federal district courts for Mississippi, the federal Fifth 
Circuit Court of Appeals and the United States Supreme Court has been read 
for constructions of Mississippi law. These constructions are noted under 
pertinent sections of the statutes or Mississippi Constitution provisions, under 
the heading "Judicial Decisions." Where a decision has been reviewed by a 
higher court, subsequent judicial history and disposition is noted in the case 
note if such disposition has any bearing on the annotated material. Where two 
or more decisions state the same rule of law, the case citations are cumulated 
under one case note. 

Case notes are grouped together under headings called "catchlines." The 
catchlines identify the basic subject matter of the case notes and assist the user 
in locating pertinent notes. Catchlines are numbered and arranged themati- 
cally, with "In general" first. Where there are two or more catchlines, an 
analysis, listing all the catchlines, precedes the annotations. 

Frequently, statutes carry notes to cases that arose under earlier laws on 
the same subject. Case notes are retained so long as the editor believes the note 



User's Guide 

will have some relevance under current law, though of course the relevance 
may be diminished by later changes in the law. These case notes appear under 
the heading "Decisions under former law." 

ORGANIZATION AND NUMBERING SYSTEM 

The Code is organized by titles, chapters, articles, subarticles, undesig- 
nated centered headings and sections. Analyses at the beginning of each title, 
chapter, article, and subarticle help you understand the internal arrangement 
of each Code unit (see Analyses). 

Odd numbers are generally used for the numbering of titles, chapters and 
sections. Even numbers have been used for some chapters and sections so that 
a particular new chapter or section might be logically placed with other 
chapters and sections dealing with the same or similar subject matter. 
Similarly, the use of numbers with decimal points has been used for some 
sections in order that they may be inserted among other sections pertaining to 
the same subject. 

The title, chapter, and section for each Code section is revealed by its 
section number. Thus, in the designation "§ 1-3-65," the first digit ("1") means 
the provision is in Title 1 ("Laws and Statutes"); the second ("3") indicates 
Chapter 3 ("Construction of Statutes"); and the last two digits ("65") mean the 
65th section in that chapter ("Construction of terms generally"). 

Articles and subarticles are not reflected by section number designations. 

Within sections, subsections and paragraphs usually are designated 
following this pattern: (l)(a)(i)l. or (l)(a)(i)A. A distinctive indention scheme is 
applied to suggest the relative value of each unit within this hierarchy. 

PLACEMENT OF NOTES 

Where a note pertains to a single statute section, it will of course be set out 
following that section. In many instances, however, a note applies equally to 
several statute sections or to an entire chapter or article. If the pertinent 
sections are scattered, or few in number, the note will be duplicated for each 
section. But where the note applies to all or most of the sections in a chapter 
or article, we prevent the space-consuming repetition of notes by placing the 
note at the very beginning of the chapter or article. 

REPLACEMENT VOLUMES 

The Code is periodically updated and streamlined by the replacement of 
volumes. Although a current set of the Code contains all currently applicable 
statutes, we encourage you to retain replaced volumes and their supplement 
pockets parts for historical reference. 

xi 



User's Guide 

RESEARCH AND PRACTICE REFERENCES 

Citations to references in American Jurisprudence, American Jurispru- 
dence Pleading and Practice, American Jurisprudence Proof of Facts, Ameri- 
can Jurisprudence Trials, American Law Reports, First through Sixth Series, 
ALR Federal, Corpus Juris Secundum, various other treatises and practice 
guides, and Mississippi law journals are given under this heading, wherever 
the references appear to discuss the statute under which the citation appears, 
or a topic related to the statute. These citations are intended only to give you 
a starting point for your library research. The Mississippi law journals include 
Mississippi Law Journal and Mississippi College Law Review. 

SOURCE NOTES 

Each section of the Code is followed by a brief note showing the acts of the 
legislature on which it is based, including the act that originally enacted the 
section and any subsequent amendments. 

The source note follows the section text, preceding any other annotations 
for the section. Information in the source note is listed in chronological order, 
with the most recent information listed last. If a section has been renumbered, 
the former number will appear in the source note. : 

The tables volume should also be consulted when researching the history 
of a statutory section, since it contains cross reference tables that provide a 
statutory citation for each section of the session laws and the date each act 
went into effect. 

STATUTE HEADINGS 

Headings or "catchlines" for Code sections and subsections are generally 
created and maintained by the publisher. They are mere catchwords and are 
not to be deemed or taken as the official title of a section or as a part of the 
section. Your suggestions for the improvement of particular catchlines are 
invited. 

TABLES 

The Mississippi Code of 1972 Annotated contains several tables that can 
assist you in your research. These are published in the Statutory Tables 
volume of the Code, and include the following: 

• Sections of the Code of 1930 carried into the Code of 1942. 

• Sections of the Code of 1942 carried into the Code of 1972. 

• Allocation of Acts of Legislature, 1931 — 1972. 

• Allocation of Acts of Legislature, 1972 — present. 

• Consolidated Tables of amendments and repeals of 1942 Code sections. 

• Consolidated Tables of amendments and repeals of 1972 Code sections. 

xii 



GENERAL OUTLINE OF TITLES 
AND CHAPTERS 



Constitution of the United States 
Constitution of Mississippi 



Volume 1 
Volume 1 



Chapter 



TITLE 3. 

Chapter 



Chapter 



Chapter 



Chapter 



TITLE 1. LAWS AND STATUTES 

Beginning 
Section 

1. Codeofl972 1-1-1 

3. Construction of Statutes 1-3-1 

5. Session Laws and Journals 1-5-1 

STATE SOVEREIGNTY, JURISDICTION AND HOLIDAYS 

1. State Sovereignty Commission [Repealed] 3-1-1 

3. State Boundaries, Holidays, and State Emblems 3-3-1 
5. Acquisition of Land by United States 

Government 3-5-1 

TITLE 5. LEGISLATIVE DEPARTMENT 

1. Legislature 5-1-1 

3. Legislative Committees 5-3-1 

5. Interstate Cooperation 5-5-1 

7. Lobbying [Repealed] 5-7-1 

8. Lobbying Law Reform Act of 1994 5-8-1 

9. Agency Review 5-9-1 

11. Abolishment of Agencies 5-11-1 

TITLE 7. EXECUTIVE DEPARTMENT 

1. Governor 7-1-1 

3. Secretary of State 7-3-1 

5. Attorney General 7-5-1 

7. State Fiscal Officer; Department of Audit 7-7-1 

9. State Treasurer 7-9-1 

11. Secretary of State; Land Records 7-11-1 

13. Mississippi Administrative Reorganization Act 7-13-1 
15. Executive Branch Reorganization Study Com- 
mission [Repealed] 7-15-1 

17. Mississippi Executive Reorganization Act of 

1989 7-17-1 

TITLE 9. COURTS 

1. Provisions Common to Courts 9-1-1 



xm 



General Outline 

TITLE 9. COURTS (Cont'd) 

Beginning 
Section 

3. Supreme Court 9-3-1 

4. Court of Appeals of the State of Mississippi 9-4-1 

5. Chancery Courts 9-5-1 

7. Circuit Courts 9-7-1 

9. County Courts 9-9-1 

11. Justice Courts 9-11-1 

13. Court Reporters and Court Reporting 9-13-1 

15. Judicial Council [Repealed! 9-15-1 

17. Court Administrators 9-17-1 

19. Commission on Judicial Performance 9-19-1 

21. Administrative Office of Courts 9-21-1 

23. Drug Courts 9-23-1 

TITLE 11. CIVIL PRACTICE AND PROCEDURE 

Chapter 1. Practice and Procedure Provisions Common to 

Courts 11-1-1 

3. Practice and Procedure in Supreme Court 11-3-1 

5. Practice and Procedure in Chancery Courts .... 11-5-1 

7. Practice and Procedure in Circuit Courts 11-7-1 

9. Practice and Procedure in County Courts and 

Justice Courts 11-9-1 

11. Venue of Actions 11-11-1 

13. Injunctions 11-13-1 

15. Arbitration and Award 11-15-1 

17. Suits to Confirm Title or Interest and to Remove 

Clouds on Title 11-17-1 

19. Ejectment 11-19-1 

21. Partition of Property 11-21-1 

23. Trial of Right of Property 11-23-1 

25. Unlawful Entry and Detainer 11-25-1 

27. Eminent Domain 11-27-1 

29. Sequestration 11-29-1 

31. Attachment in Chancery Against Nonresident, 

Absent or Absconding Debtors 11-31-1 

33. Attachment at Law Against Debtors 11-33-1 

35. Garnishment 11-35-1 

37. Replevin 11-37-1 

38. Claim and Delivery 11-38-1 

39. Quo Warranto 11-39-1 

41. Mandamus; Prohibition 11-41-1 

43. Habeas Corpus 11-43-1 

44. Compensation to Victims of Wrongful Conviction 

and Imprisonment 11-44-1 

xiv 



General Outline 

TITLE 11. CIVIL PRACTICE AND PROCEDURE (Cont'd) 

Beginning 
Section 

45. Suits by and Against the State or Its Political 

Subdivisions 11-45-1 

46. Immunity of State and Political Subdivisions 

From Liability and Suit for Torts and Torts of 

Employees 11-46-1 

47. Lis Pendens 11-47-1 

49. Rights and Duties of Attorneys, Generally 11-49-1 

51. Appeals 11-51-1 

53. Costs 11-53-1 

55. Litigation Accountability Act of 1988 11-55-1 

57. Structured Settlements 11-57-1 

TITLE 13. EVIDENCE, PROCESS AND JURIES 

Chapter 1. Evidence 13-1-1 

3. Process, Notice, and Publication 13-3-1 

5. Juries 13-5-1 

7. State Grand Jury Act 13-7-1 

TITLE 15. LIMITATIONS OF ACTIONS AND PREVENTION OF 

FRAUDS 

Chapter 1. Limitation of Actions 15-1-1 

3. Prevention of Frauds 15-3-1 

TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO 
COUNTIES AND MUNICIPALITIES 

Chapter 1. Zoning, Planning and Subdivision Regulation .. 17-1-1 

2. Building Codes 17-2-1 

3. Promotion of Trade, Conventions and Tourism 17-3-1 
5. Jails, Waterworks and Other Improvements ... . 17-5-1 
7. Removal of Local Governments in Emergencies 17-7-1 
9. Lease of Mineral Lands other than Sixteenth 

Section or "In Lieu" Lands 17-9-1 

11. Gulf Regional District Law 17-11-1 

13. Interlocal Cooperation of Governmental Units 17-13-1 

15. Human Resource Agencies 17-15-1 

17. Solid Wastes Disposal 17-17-1 

18. Mississippi Hazardous Waste Facility Siting Act 

of 1990 17-18-1 

19. Appropriations to Planning and Development 

Districts 17-19-1 

21. Finance and Taxation 17-21-1 



xv 



General Outline 



TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO 
COUNTIES AND MUNICIPALITIES (Cont'd) 



23. Rural Fire Truck Acquisition Assistance 

Programs 

25. General Provisions Relating to Counties and 

Municipalities 

27. Municipal Historical Hamlet Act 

29. Mississippi Entertainment District Act 

TITLE 19. COUNTIES AND COUNTY OFFICERS 

Chapter 1. County Boundaries 

2. County Government Reorganization Act 

3. Board of Supervisors 

4. County Administrator 

5. Health, Safety and Public Welfare 

7. Property and Facilities 

9. Finance and Taxation 

11. County Budget 

13. Contracts, Claims and Transaction of Business 

with Counties 

15. Records and Recording 

17. County Auditors 

19. Constables 

21. Coroners 

23. County Attorneys 

25. Sheriffs 

27. Surveyors and Surveys 

29. Local and Regional Railroad Authorities 

31. Public Improvement Districts 

TITLE 21. MUNICIPALITIES 

Chapter 1. Classification, Creation, Abolition, and 

Expansion 

3. Code Charters 

5. Commission Form of Government 

7. Council Form of Government 

8. Mayor-Council Form of Government 

9. Council-Manager Plan of Government 

11. Municipal Elections [Repealed] 

13. Ordinances 

15. Officers and Records 

17. General Powers 

19. Health, Safety, and Welfare 



Beginning 
Section 

17-23-1 

17-25-1 
17-27-1 
17-29-1 



19-1-1 
19-2-1 
19-3-1 
19-4-1 
19-5-1 
19-7-1 
19-9-1 
19-11-1 

19-13-1 
19-15-1 
19-17-1 
19-19-1 



19-21- 
19-23- 
19-25- 
19-27- 
19-29- 
19-31- 



21-1-1 
21-3-1 
21-5-1 
21-7-1 
21-8-1 



21-9- 
21-11- 
21-13- 
21-15- 
21-17- 
21-19- 



xvi 



General Outline 

TITLE 21. MUNICIPALITIES (Cont'd) 

Beginning 
Section 

21. Police and Police Departments 21-21-1 

23. Municipal Courts 21-23-1 

25. Fire Departments and Fire Districts 21-25-1 

27. Public Utilities and Transportation 21-27-1 

29. Employees' Retirement and Disability Systems 21-29-1 

31. Civil Service 21-31-1 

33. Taxation and Finance 21-33-1 

35. Municipal Budget 21-35-1 

37. Streets, Parks and Other Public Property 21-37-1 

38. Acquisition or Lease of Real Property from Fed- 

eral 

Government for Parks, Recreation, and 

Tourism 21-38-1 

39. Contracts and Claims 21-39-1 

41. Special Improvements 21-41-1 

43. Business Improvement Districts 21-43-1 

45. Tax Increment Financing 21-45-1 

47. Delta Natural Gas District 21-47-1 

TITLE 23. ELECTIONS 

Chapter 1. Qualification of Candidates and Registration of 

Political Parties [Repealed] 23-1-1 

3. Corrupt Practices [Repealed] 23-3-1 

5. Registration and Elections [Repealed] 23-5-1 

7. Voting Machines and Electronic Voting System 

[Repealed] 23-7-1 

9. Absentee Ballot [Repealed] 23-9-1 

11. Presidential Election Law [Repealed] 23-11-1 

13. Mississippi Presidential Preference Primary and 

Delegate Selection Law [Repealed] 23-13-1 

15. Mississippi Election Code 23-15-1 

17. Amendments to Constitution by Voter Initiative 23-17-1 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC 

RECORDS 

Chapter 1. Public Officers; General Provisions 25-1-1 

3. Salaries and Compensation 25-3-1 

4. Ethics in Government 25-4-1 

5. Removals From Office 25-5-1 

7. Fees 25-7-1 

9. Statewide Personnel System 25-9-1 

xvii 



General Outline 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC 

RECORDS (Cont'd) 

Beginning 
Section 
11. Social Security and Public Employees' Retire- 
ment and Disability Benefits 25-11-1 

13. Highway Safety Patrol Retirement System 25-13-1 

14. Government Employees Deferred Compensation 

Plan Law 25-14-1 

15. Group Insurance for Public Employees 25-15-1 

17. Cafeteria Fringe Benefit Plans 25-17-1 

19. Public Employer- Assisted Housing Program ... . 25-19-1 

31. District Attorneys 25-31-1 

32. Public Defenders 25-32-1 

33. Notaries Public 25-33-1 

41. Open Meetings 25-41-1 

43. Administrative Procedures 25-43-1.101 

45. Permit and Licensing Procedures 25-45-1 

51. State Depository for Public Documents 25-51-1 

53. Mississippi Department of Information Technol- 
ogy Services (MDITS) 25-53-1 

55. Lost Records 25-55-1 

57. Destruction of Records [Repealed] 25-57-1 

58. Geographic Information System 25-58-1 

59. Archives and Records Management 25-59-1 

60. Local Government Records 25-60-1 

61. Public Access to Public Records 25-61-1 

63. Digital Signature Act 25-63-1 

65. Agency, University and Community/ Junior Col- 
lege Internal Auditing Program 25-65-1 

TITLE 27. TAXATION AND FINANCE 

Chapter 1. Assessors and County Tax Collectors 27-1-1 

3. State Tax Commission [Effective until July 1, 

2010] 27-3-1 

3. Department of Revenue [Effective July 1, 2010] 27-3-1 

4. Board of Tax Appeals 27-4-1 

5. Motor Vehicle Comptroller 27-5-1 

7. Income Tax and Withholding 27-7-1 

8. Mississippi S Corporation Income Tax Act 27-8-1 

9. Estate Tax 27-9-1 

10. Uniform Estate Tax Apportionment Act 27-10-1 

11. Amusement Tax [Repealed] 27-11-1 

13. Corporation Franchise Tax 27-13-1 

15. Statewide Privilege Taxes 27-15-1 

xviii 



General Outline 

TITLE 27. TAXATION AND FINANCE (Cont'd) 

Beginning 
Section 

17. Local Privilege Taxes 27-17-1 

19. Motor Vehicle Privilege and Excise Taxes 27-19-1 

21. Finance Company Privilege Tax 27-21-1 

23. Chain Store Privilege Tax [Repealed] 27-23-1 

25. Severance Taxes 27-25-1 

27. Vending and Amusement Machine Taxes 27-27-1 

29. Ad Valorem Taxes — General Provisions 27-29-1 

31. Ad Valorem Taxes — General Exemptions 27-31-1 

33. Ad Valorem Taxes — Homestead Exemptions .... 27-33-1 

35. Ad Valorem Taxes — Assessment 27-35-1 

37. Ad Valorem Taxes— Payments in Lieu of Taxes 27-37-1 

38. Ad Valorem Taxes — Telecommunications Tax 

Reform 27-38-1 

39. Ad Valorem Taxes— State and Local Levies 27-39-1 

41. Ad Valorem Taxes— Collection 27-41-1 

43. Ad Valorem Taxes — Notice of Tax Sale to Owners 

and Lienors 27-43-1 

45. Ad Valorem Taxes — Redemption of Land Sold for 

Taxes 27-45-1 

47. Ad Valorem Taxes — Assignment of Tax Liens .. 27-47-1 

49. Ad Valorem Taxes — Insolvencies 27-49-1 

51. Ad Valorem Taxes— Motor Vehicles 27-51-1 

53. Ad Valorem Taxes— Mobile Homes 27-53-1 

55. Gasoline and Motor Fuel Taxes 27-55-1 

57. TaxonOils 27-57-1 

59. Liquefied Compressed Gas Tax 27-59-1 

61. Interstate Commercial Carriers Motor Fuel Tax 27-61-1 

63. Motor Vehicle Fueling Centers [Repealed] 27-63-1 

65. Sales Tax 27-65-1 

67. Use or Compensating Taxes 27-67-1 

68. Uniform Sales and Use Tax Administration Law 27-68-1 

69. TobaccoTax 27-69-1 

70. Nonsettling Manufacturer Cigarett Fee 27-70-1 

71. Alcoholic Beverage Taxes 27-71-1 

73. TaxRefunds 27-73-1 

75. Reciprocal Collection of Taxes 27-75-1 

77. Appellate Review for Taxpayers Aggrieved by 

Certain Actions of the State Tax Commission 27-77-1 
101. Annual Reports by Departments of Government 

and State-Supported Institutions 27-101-1 

103. State Budget 27-103-1 

104. State Fiscal Affairs 27-104-1 

105. Depositories 27-105-1 



General Outline 

TITLE 27. TAXATION AND FINANCE (Cont'd) 

Beginning 
Section 

107. Disaster Relief 27-107-1 

109. Cruise Vessels 27-109-1 

TITLE 29. PUBLIC LANDS, BUILDINGS AND PROPERTY 

Chapter 1. Public Lands 29-1-1 

3. Sixteenth Section and Lieu Lands 29-3-1 

5. Care of Capitol, Old Capitol, State Office Build- 
ings and Executive Mansion 29-5-1 

7. Mineral Leases of State Lands 29-7-1 

9. Inventories of State Property 29-9-1 

11. Energy Conservation in Public Buildings 

[Repealed] 29-11-1 

13. Flood Insurance for State-Owned Buildings .... 29-13-1 

15. Public Trust Tidelands 29-15-1 

17. State Agency Repair and Renovation 29-17-4 

TITLE 31. PUBLIC BUSINESS, BONDS AND OBLIGATIONS 

Chapter 1. General Provisions Relative to Public Contracts 31-1-1 

3. State Board of Public Contractors 31-3-1 

5. Public Works Contracts 31-5-1 

7. Public Purchases 31-7-1 

8. Acquisition of Public Buildings, Facilities, and 

Equipment Through Rental Contracts 31-8-1 

9. Surplus Property Procurement Commission .... 31-9-1 

11. State Construction Projects 31-11-1 

13. Validation of Public Bonds 31-13-1 

15. Refunding Bonds 31-15-1 

17. State Bonds; Retirement of Bonds 31-17-1 

18. Variable Rate Debt Instruments 31-18-1 

19. Public Debts 31-19-1 

21. Registered Bonds 31-21-1 

23. Mississippi Private Activity Bonds Allocation Act 31-23-1 

25. Mississippi Development Bank Act 31-25-1 

27. Mississippi Bond Refinancing Act 31-27-1 

29. Institute for Technology Development 31-29-1 

31. Mississippi Telecommunications Conference and 

Training Center 31-31-1 

TITLE 33. MILITARY AFFAIRS 

Chapter 1. Definitions and General Provisions Relating to 

the Military Forces 33-1-1 



General Outline 
TITLE 33. MILITARY AFFAIRS (Cont'd) 



3. Commander in Chief, Military Department, and 

Governor's Staff 

4. Mississippi Military Family Relief Fund 

5. The Militia and Mississippi State Guard 

7. National Guard 

9. Property and Finances 

11. Training Facilities 

13. Mississippi Code of Military Justice 

15. Emergency Management and Civil Defense 

TITLE 35. WAR VETERANS AND PENSIONS 

Chapter 1. State Veterans Affairs Board 

3. War Veterans; Miscellaneous Provisions 

5. Guardianship of Veterans 

7. Veterans' Home Purchase Law 

9. Pensions [Repealed] 

TITLE 37. EDUCATION 

Chapter 1. State Board of Education 

3. State Department of Education 

4. State Board for Community and Junior Colleges 

5. County Boards of Education and 

Superintendents 

6. Mississippi Uniform School Law 

7. School Districts; Boards of Trustees of School 

Districts 

9. District Superintendents, Principals, Teachers, 

and Other Employees 

11. General Provisions Pertaining to Education .... 

13. Curriculum; School Year and Attendance 

14. Mary Kirkpatrick Haskell-Mary Sprayberry 

Public School Nurse Act of 2007 

15. Public Schools; Records, Enrollment and Trans- 

fer of Pupils 

16. Statewide Testing Program 

17. Accreditation of Schools 

18. Superior-Performing, Exemplary and School At- 

Risk Schools Programs 

19. Minimum Program of Education 

20. Remedial Education 

2 1 . Early Childhood Education 

22. State Funds for School Districts 



Beginning 
Section 

33-3-1 

33-4-1 

33-5-1 

33-7-1 

33-9-1 

33-11-1 

33-13-1 

33-15-1 



35-1-1 
35-3-1 
35-5-1 
35-7-1 
35-9-1 



37-1-1 
37-3-1 
37-4-1 

37-5-1 
37-6-1 

37-7-1 

37-9-1 
37-11-1 
37-13-1 

37-14-1 

37-15-1 
37-16-1 
37-17-1 

37-18-1 
37-19-1 
37-20-1 
37-21-1 
37-22-1 



xxi 



General Outline 

TITLE 37. EDUCATION (Cont'd) 

Beginning 
Section 

23. Exceptional Children 37-23-1 

25. Driver Education and Training 37-25-1 

26. State Court Education Fund 37-26-1 

27. Agricultural High Schools 37-27-1 

28. Charter Schools 37-28-1 

29. Junior Colleges 37-29-1 

31. Vocational Education 37-31-1 

33. Civilian Vocational Rehabilitation 37-33-1 

35. Adult Education 37-35-1 

37. Public Schools; Accounting and Auditing 37-37-1 

39. Public Schools; Purchases 37-39-1 

41. Transportation of Pupils 37-41-1 

43. Textbooks 37-43-1 

45. State Aid to Public Schools 37-45-1 

47. State Aid for Construction of School Facilities 37-47-1 

49. Loans to Students 37-49-1 

51. Financial Assistance to Children Attending Non- 
sectarian Private Schools 37-51-1 

53. Summer Normals 37-53-1 

55. School Libraries 37-55-1 

57. Taxation 37-57-1 

59. School Bonds and Obligations 37-59-1 

61. Expenditure of School Funds; Budgets 37-61-1 

63. Educational Television 37-63-1 

65. Closing of Public Schools and Institutions of 

Higher Learning 37-65-1 

101. Institutions of Higher Learning; General 

Provisions 37-101-1 

102. Off-campus Instructional Programs 37-102-1 

103. Residency and Fees of Students Attending or 

Applying for Admission to Educational 

Institutions 37-103-1 

104. Mississippi Educational Facilities Authority Act 

for Private, Nonprofit Institutions of Higher 

Learning 37-104-1 

105. Campuses and Streets of State Institutions of 

Higher Learning 37-105-1 

106. Post-Secondary Education Financial Assistance 37-106-1 

107. Scholarships for Children of Deceased or Dis- 

abled Law Enforcement Officers or Firemen 37-107-1 

108. Scholarships for Children of Prisoners of War or 

Men Missing in Action 37-108-1 



xxii 



General Outline 

TITLE 37. EDUCATION (Cont'd) 

Beginning 
Section 

109. Medical Education Loans and Scholarships. 

[Repealed] 37-109-1 

110. Mississippi Public Management Graduate In- 

tern Program 37-110-1 

111. Fraternities, Sororities and Other Societies 37-111-1 

113. Mississippi State University of Agriculture and 

Applied Science 37-113-1 

115. University of Mississippi 37-115-1 

117. Mississippi University for Women 37-117-1 

119. University of Southern Mississippi 37-119-1 

121. Alcorn State University 37-121-1 

123. Delta State University 37-123-1 

125. Jackson State University 37-125-1 

127. Mississippi Valley State University 37-127-1 

129. Nursing Schools and Scholarships 37-129-1 

131. Teachers Demonstration and Practice Schools 37-131-1 

132. Student Teachers 37-132-1 

133. Technical Institutes 37-133-1 

135. Compacts with Other States 37-135-1 

137. School Asbestos Hazard Elimination Act 

[Repealed] 37-137-1 

138. Asbestos Abatement Accreditation and Certifica- 

tion Act : 37-138-1 

139. Mississippi School for Mathematics and Science 37-139-1 

140. Mississippi School of the Arts 37-140-1 

141. The University Research Center Act of 1988 . . . 37-141-1 

143. Omnibus Loan or Scholarship Act of 1991 37-143-1 

144. Mississippi Rural Physicians Scholarship 

Program 37-144-1 

145. Mississippi Opportunity Loan Program Act 37-145-1 

147. Mississippi University Research Authority Act 37-147-1 

149. Mississippi Teacher Center 37-149-1 

151. Mississippi Accountability and Adequate Educa- 

tion Program Act of 1997 37-151-1 

152. Commission on Restructuring the Mississippi 

Adequate Education Program (MAEP) 37-152-1 

153. Workforce Training and Education Consolidation 

Act 37-153-1 

155. College Savings Plans of Mississippi 37-155-1 

157. Student Tuition Assistance 37-157-1 

159. Mississippi Critical Teacher Shortage Act 37-159-1 

160. Teach for America Act 37-160-1 

161. Mississippi Education Reform Act of 2006 37-161-1 



XXlll 



General Outline 



TITLE 39. LIBRARIES, ARTS, ARCHIVES AND HISTORY 



Chapter 1. 

3. 

5. 

7. 

9. 
11. 
13. 
15. 
17. 

19. 
21. 
23. 
25. 
27. 
29. 
31. 

33. 
35. 



Chapter 1. 

3. 

4. 
5. 

7. 

9. 
10. 
11. 

13. 
15. 

17. 
19. 



State Law Library; Legislative Reference 

Bureau : 

Libraries and Library Commission 

Archives and History 

Antiquities 

Trusts to Promote Arts and Sciences 

Mississippi Arts Commission 

Historic Preservation Districts and Landmarks 
Municipal and County Funds to Support the Arts 
Mississippi Sports Hall of Fame and Dizzy Dean 

Museum 

Museum Unclaimed Property Act 

Mississippi Craft Center 

Mississippi Children's Museum 

Southern Arts and Entertainment Center 

Mississippi Blues Commission 

Mississippi Commission on the Holocaust 

Mississippi Bicentennial Celebration 

Commission 

Mississippi Country Music Trail 

Mississippi Sesquicentennial of the American 

Civil War Commission 

TITLE 41. PUBLIC HEALTH 

Mississippi Department of Public Health 
[Repealed] 

State Board of Health; Local Health Boards and 
Officers 

Department of Mental Health 

Governing Authorities for State Hospitals and 
Institutions 

Hospital and Health Care Commissions 

Regulation of Hospitals; Hospital Records 

Medical Records 

State Charity Hospitals; Mississippi Children's 
Rehabilitation Center 

Community Hospitals 

Department for the Prevention of Insanity 
[Repealed] 

State Mental Institutions 

Facilities and Services for Individuals with Men- 
tal Retardation or Mental Illness 



Beginning 
Section 



39-1-1 

39-3-1 

39-5-1 

39-7-1 

39-9-1 

39-11-1 

39-13-1 

39-15-1 

39-17-1 
39-19-1 
39-21-1 
39-23-1 
39-25-1 
39-27-1 
39-29-1 

39-31-1 
39-33-1 

39-35-1 



41-1-1 

41-3-1 
41-4-1 

41-5-1 

41-7-1 

41-9-1 

41-10-1 

41-11-1 
41-13-1 

41-15-1 
41-17-1 

41-19-1 



XXIV 



General Outline 

TITLE 41. PUBLIC HEALTH (Cont'd) 

Beginning 
Section 

21. Individuals with Mental Illness or Mental 

Retardation 41-21-1 

22. Hemophilia 41-22-1 

23. Contagious and Infectious Diseases; Quarantine 41-23-1 

24. Sickle Cell Testing Program 41-24-1 

25. Disinfection and Sanitation of Buildings and 

Premises 41-25-1 

26. Mississippi Safe Drinking Water Act of 1997 . . . 41-26-1 

27. Mosquito Control 41-27-1 

28. Diabetes 41-28-1 

29. Poisons, Drugs and Other Controlled Substances 41-29-1 

30. Alcoholism and Alcohol Abuse Prevention, Con- 

trol and Treatment 41-30-1 

31. Commitment of Alcoholics and Drug Addicts for 

Treatment 41-31-1 

32. Commitment of Alcoholics and Drug Addicts to 

Private Treatment Facilities 41-32-1 

33. Tuberculosis and Respiratory Diseases; Tubercu- 

losis Sanatorium 41-33-1 

34. Health Care Practice Requirements Pertaining 

to Transmission of Hepatitis B and HIV 41-34-1 

35. Eye Inflammation of Young 41-35-1 

36. Determination of Death 41-36-1 

37. Autopsies 41-37-1 

39. Disposition of Human Bodies or Parts 41-39-1 

41. Surgical or Medical Procedures; Consents 41-41-1 

42. Family Planning 41-42-1 

43. Cemeteries and Burial Grounds 41-43-1 

45. Sexual Sterilization [Repealed] 41-45-1 

47. Transportation and Possession of Parakeets and 

Other Birds [Repealed] 41-47-1 

49. Regulation of Hotels and Innkeepers 41-49-1 

51. Animal and Poultry By-Products Disposal or 

Rendering Plants 41-51-1 

53. Rabies Control in Dogs and Cats 41-53-1 

55. Public Ambulance Service 41-55-1 

57. Vital Statistics 41-57-1 

58. Medical Radiation Technology 41-58-1 

59. Emergency Medical Services 41-59-1 

60. Emergency Medical Technicians — Paramedics 

— Use of Automated External Defibrillator .. 41-60-1 

61. State Medical Examiner 41-61-1 



XXV 



General Outline 

TITLE 41. PUBLIC HEALTH (Cont'd) 

Beginning 
Section 
63. Evaluation and Review of Professional Health 

Services Providers 41-63-1 

65. [Reserved] 

67. Mississippi Individual On-Site Wastewater Dis- 
posal System Law 41-67-1 

69. [Reserved] 

71. Home Health Agencies 41-71-1 

73. Hospital Equipment and Facilities Authority Act 41-73-1 

75. Ambulatory Surgical Facilities 41-75-1 

77. Licensing of Birthing Centers 41-77-1 

79. Health Problems of School Children 41-79-1 

81. Perinatal Health Care 41-81-1 

83. Utilization Review of Availability of Hospital 

Resources and Medical Services 41-83-1 

85. Mississippi Hospice Law of 1995 41-85-1 

86. Mississippi Children's Health Care Act 41-86-1 

87. Early Intervention Act for Infants and Toddlers 41-87-1 

88. Mississippi Child Immunization Act of 1994 .... 41-88-1 

89. Infant Mortality Task Force 41-89-1 

90. Hearing Impairment of Infants and Toddlers .. . 41-90-1 

91. Central Cancer Registry 41-91-1 

93. Osteoporosis Prevention and Treatment Educa- 
tion Act 41-93-1 

95. Mississippi Health Policy Act of 1994 41-95-1 

97. State Employee Wellness and Physical Fitness 

Programs 41-97-1 

99. Qualified Health Center Grant Program 41-99-1 

101. Mississippi Council on Obesity Prevention and 

Management 41-101-1 

103. Task Force on Heart Disease and Stroke 

Prevention 41-103-1 

105. Healthcare Coordinating Council 41-105-1 

107. Health Care Rights of Conscience 41-107-1 

109. Leonard Morris Chronic Kidney Disease Leader- 
ship Task Force 41-109-1 

111. Child Death Review Panel 41-111-1 

113. Tobacco Education, Prevention and Cessation 

Program 41-113-1 

115. Tanning Facilities 41-115-1 

TITLE 43. PUBLIC WELFARE 

Chapter 1. Department of Human Services and County De- 
partments of Public Welfare 43-1-1 

xxvi 



General Outline 

TITLE 43. PUBLIC WELFARE (Cont'd) 

Beginning 
Section 

3. Blind Persons 43-3-1 

5. Schools for the Blind and Deaf 43-5-1 

6. Rights and Liabilities of Blind and Other Hand- 

icapped Persons 43-6-1 

7. Council on Aging 43-7-1 

9. Old Age Assistance 43-9-1 

11. Institutions for the Aged or Infirm 43-11-1 

13. Medical Assistance for the Aged; Medicaid 43-13-1 

14. Interagency Coordinating Counsel for Children 

and Youth 43-14-1 

15. ChildWelfare 43-15-1 

16. Child Residential Home Notification Act 43-16-1 

17. Temporary Assistance to Needy Families 43-17-1 

18. Interstate Compact on the Placement of 

Children 43-18-1 

19. Support of Natural Children 43-19-1 

20. Child Care Facilities 43-20-1 

21. Youth Court 43-21-1 

23. FamilyCourts 43-23-1 

24. State Central Registry of Child Abuse Reports; 

Wide Area Telephone Service for Reporting 

ChildAbuse [Repealed] 43-24-1 

25. Interstate Compacts Relating to Juveniles 43-25-1 

27. Department of Youth Services 43-27-1 

29. Disabled Persons 43-29-1 

30. Mississippi Disability Resource Commission 43-30-1 

31. Poor Persons 43-31-1 

33. Housing and Housing Authorities 43-33-1 

35. Urban Renewal and Redevelopment 43-35-1 

37. Acquisition of Real Property Using Public Funds 43-37-1 

39. Relocation Assistance 43-39-1 

41. Emergency and Disaster Assistance 43-41-1 

43. Administration of Social Security Funds 43-43-1 

45. Adult Protective Services [Repealed] 43-45-1 

47. Mississippi Vulnerable Adults Act 43-47-1 

49. Mississippi Welfare Restructuring Program Act 

of 1993 [Repealed] 43-49-1 

51. Family Preservation Act of 1994 43-51-1 

53. Mississippi Leadership Council on Aging 43-53-1 

55. Mississippi Commission for National and Com- 
munity Service 43-55-1 

57. Comprehensive Plan for Provision of Services to 

Disabled Persons [Repealed] 43-57-1 



XXVll 



General Outline 

TITLE 43. PUBLIC WELFARE (Cont'd) 

Beginning 
Section 

59. Mississippi Commission on the Status of Women 43-59-1 

61. Mississippi Seniors and Indigents Rx Program 43-61-1 

TITLE 45. PUBLIC SAFETY AND GOOD ORDER 

Chapter 1. Department of Public Safety 45-1-1 

2. Law Enforcement Officers and Fire Fighters 

Death and Disability Benefits Trust Funds ... 45-2-1 

3. Highway Safety Patrol 45-3-1 

4. County Jail Officers Training Program 45-4-1 

5. Law Enforcement Officers Training Academy .. . 45-5-1 

6. Law Enforcement Officers Training Program ... 45-6-1 

7. County Patrol Officers 45-7-1 

9. Weapons 45-9-1 

11. Fire Protection Regulations, Fire Protection and 

Safety in Buildings 45-11-1 

12. Mississippi Fire Safety Standard and Firefighter 

Protection Act 45-12-1 

13. Fireworks and Explosives 45-13-1 

14. Radiation Protection Program 45-14-1 

15. High Voltage Power Lines 45-15-1 

17. Civil Emergencies 45-17-1 

18. Emergency Management Assistance Compact .. 45-18-1 

19. Subversive Groups and Subversive Activities .. . 45-19-51 

21. Rock Festivals 45-21-1 

23. Boiler and Pressure Vessel Safety 45-23-1 

25. Identification Cards for Non-Drivers. [Repealed] 45-25-1 

27. Mississippi Justice Information Center 45-27-1 

29. Records 45-29-1 

31. Sex Offense Criminal History Record Informa- 
tion Act 45-31-1 

33. Registration of Sex Offenders 45-33-1 

35. Identification Cards 45-35-1 

37. Prevention of Youth Access to Tobacco Act 45-37-1 

39. Statewide Crime Stoppers Advisory Council .... 45-39-1 

TITLE 47. PRISONS AND PRISONERS; PROBATION AND 

PAROLE 

Chapter 1. County and Municipal Prisons and Prisoners .. 47-1-1 

3. Removal of Prisoners 47-3-1 

4. Privately Operated Correctional Facilities 47-4-1 

5. Correctional System 47-5-1 

7. Probation and Parole 47-7-1 

xxviii 



General Outline 
TITLE 49. CONSERVATION AND ECOLOGY 



Beginning 
Section 



Chapter 1. General Provisions 49-1-1 

2. Department of Environmental Quality 49-2-1 

3. Fisheries and Wildlife Research 49-3-1 

4. Mississippi Department of Wildlife, Fisheries 

and Parks 49-4-1 

5. Fish, Game and Bird Protection and Refuges ... 49-5-1 

6. Motor Vehicle and Boat Replacement Program 49-6-1 

7. Hunting and Fishing 49-7-1 

8. Importation, Sale and Possession of Inherently 

Dangerous Wild Animals 49-8-1 

9. Mussels 49-9-1 

10. Wildlife Violator Compact 49-10-1 

11. Private Shooting Preserves 49-11-1 

13. Commercial Quail 49-13-1 

15. Seafood 49-15-1 

17. Pollution of Waters, Streams, and Air 49-17-1 

18. Mississippi Liability of Persons Responding to 

Oil Spills Act 49-18-1 

19. Forests and Forest Protection 49-19-1 

20. Mississippi River Timberlands Control Act 

[Repealed] 49-20-1 

21. Interstate Environmental Compact 49-21-1 

23. Outdoor Advertising 49-23-1 

25. Junkyards 49-25-1 

26. Channel Maintenance Act 49-26-1 

27. Coastal Wetlands Protection Act 49-27-1 

28. Shoreline and Beach Preservation Districts 49-28-1 

29. Environmental Protection Council [Repealed] .. 49-29-1 
31. Mississippi Multimedia Pollution Prevention Act 49-31-1 
33. Mississippi Agricultural and Forestry Activity 

Act 49-33-1 

35. Mississippi Brownfields Voluntary Cleanup and 
Redevelopment; Remediation of Property on 

National Priorities List 49-35-1 

37. Statewide Scientific Information Management 49-37-1 

TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, 
DRAINAGE, AND FLOOD CONTROL 

Chapter 1. Navigable Waters 51-1-1 

2. Mississippi Marine Litter Act 51-2-1 

3. Water Resources; Regulation and Control 51-3-1 

4. Mississippi Scenic Streams Stewardship Act ... 51-4-1 

xxix 



General Outline 



TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, 
DRAINAGE, AND FLOOD CONTROL (Cont'd) 



11. 
13. 

15. 

17. 
19. 

21. 

23. 
25. 
27. 
29. 
31. 
33. 

35. 
37. 
39. 
41. 



Subsurface Waters; Well Drillers 

Water Management Districts 

Joint Water Management Districts 

Development of Region Bordering Pearl River; 
Pearl River Valley Water Supply District; Met- 
ropolitan Area Water Supply Act 

Pearl River Basin Development District 

Tombigbee Valley Authority and Water Manage- 
ment District 

Pat Harrison Waterway Commission and 
District 

Big Black River Basin District 

West Central Mississippi Waterway Commission 
[Repealed] 

Lower Mississippi River Basin Development Dis- 
trict [Repealed] 

Lower Yazoo River Basin District. [Repealed] . . 

Yellow Creek Watershed Authority 

Tennessee-Tombigbee Waterway Compact 

Drainage Districts with Local Commissioners 

Drainage Districts with County Commissioners 

Provisions Common to Drainage Districts and 
Swamp Land Districts 

Flood Control 

Watershed Districts 

Storm Water Management Districts 

Public Water Authorities 



Beginning 

Section 

51-5-1 

51-7-1 

51-8-1 



51-9-1 
51-11-1 

51-13-1 

51-15-1 
51-17-1 

51-19-1 

51-21-1 
51-23-1 
51-25-1 
51-27-1 
51-29-1 
51-31-1 

51-33-1 
51-35-1 
51-37-1 
51-39-1 
51-41-1 



TITLE 53. OIL, GAS, AND OTHER MINERALS 

Chapter 1. State Oil and Gas Board 53-1-1 

3. Development, Production and Distribution of 

Gas and Oil 53-3-1 

5. Geological and Mineral Survey 53-5-1 

7. Surface Mining and Reclamation of Land 53-7-1 

9. Surface Coal Mining and Reclamation of Land 53-9-1 

TITLE 55. PARKS AND RECREATION 

Chapter 1. Mississippi Recreational Advisory Council 

[Repealed] 55-1-1 

3. State Parks and Forests 55-3-1 

5. Federal Parks and National Parkways 55-5-1 



XXX 



General Outline 

TITLE 55. PARKS AND RECREATION (Cont'd) 

Beginning 
Section 

7. Bridge and Park Commissions 55-7-1 

9. County and Municipal Facilities 55-9-1 

11. Harrison County Parkway 55-11-1 

13. Natchez Trace Parkway 55-13-1 

15. Commemorative Parks and Monuments 55-15-1 

17. International Gardens of Mississippi 55-17-1 

19. Bienville Recreational District 55-19-1 

21. Mississippi Zoological Park and Garden Districts 55-21-1 

23. Mississippi Veterans Memorial Stadium 55-23-1 

24. Mississippi Coast Coliseum Commission 55-24-1 

25 . Rails-to-Trails Recreational District 55-25- 1 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT 

Chapter 1. Mississippi Development Authority 57-1-1 

3. Agriculture and Industry Program 57-3-1 

4. Industrial Development Fund 57-4- 1 

5. Industrial Parks and Districts 57-5-1 

7. Sale or Development of Airport Lands, or Other 

Lands, for Industrial Purposes 57-7-1 

9. Industrial Plant Training 57-9-1 

10. Small Business Assistance 57-10-1 

11. Market and Industrial Studies and Research ... 57-11-1 

13. Research and Development Center 57-13-1 

15. Marine Resources 57-15-1 

17. Forest Products Utilization Laboratory 

[Repealed] 57-17-1 

18. Renewable Natural Resources Research Act of 

1994 57-18-1 

19. Food Technology Laboratory 57-19-1 

21. State Chemical Laboratory 57-21-1 

23. Pharmaceutical Product Development and 

Utilization 57-23-1 

25. Southern States Energy Compact 57-25-1 

26. Tourism Project Incentive Program; Theme 

Parks, Entertainment Centers, Scenic Attrac- 
tions, etc 57-26-1 

27. Regional Tourist Promotion Councils 57-27-1 

28. Tourism Project Incentive Program; Entertain- 

ment Districts, etc 57-28-1 

29. Travel and Tourism 57-29-1 

30. Family-Oriented Enterprises 57-30- 1 

31. County Industrial Development Authorities .... 57-31-1 

xxxi 



General Outline 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT (Cont'd) 

Beginning 
Section 

32. Southeast Mississippi Industrial Council 57-32-1 

33. Southern Growth Policies Agreement 57-33-1 

34. Alabama-Mississippi Joint Economic Develop- 

ment Authority 57-34-1 

35. Tennessee River Valley Association 57-35-1 

36. Chickasaw Trail Economic Development Com- 

pact [Repealed] 57-36-1 

37. Transportation Planning Council [Repealed] ... . 57-37-1 

39. Energy and Transportation Planning 57-39-1 

40. Energy Infrastructure Revolving Loan Program 57-40-1 

41. Financing Industrial Enterprise Projects 57-41-1 

43. Railroad Revitalization 57-43-1 

44. Local Governments Freight Rail Service Projects 57-44-1 

45. Mississippi-Louisiana- Alabama Rapid Rail 

Transit Compact 57-45-1 

47. Southeast Interstate Low-Level Radioactive 

Waste Management Compact 57-47-1 

49. Nuclear Waste Storage and Disposal 57-49-1 

51. Enterprise Zones [Repealed] 57-51-1 

53. Corporate Headquarters Incentive Program 

[Repealed] 57-53-1 

54. Advanced Technology Initiative [Repealed] 57-54-1 

55. Universities Research Institutes 57-55-1 

56. Mississippi Technology Transfer Office 57-56-1 

57. Export Trade Development 57-57-1 

59. Mississippi Capital Companies [Repealed] 57-59-1 

61. Mississippi Business Investment Act 57-61-1 

62. Mississippi Advantage Jobs Act 57-62-1 

63. Statewide Economic Development and Planning 

Act 57-63-1 

64. Regional Economic Development 57-64-1 

65. Mississippi International Trade Institute 57-65-1 

67. Mississippi Superconducting Super Collider Act 57-67-1 
69. Mississippi Minority Business Enterprise Act ., 57-69-1 
71. Mississippi Small Enterprise Development Fi- 
nance Act : 57-71-1 

73. Economic Development Reform Act 57-73-1 

75. Mississippi Major Economic Impact Act 57-75-1 

77. Venture Capital Act of 1994 57-77-1 

79. Mississippi Small Town Development Act 57-79-1 

80. Growth and Prosperity Act 57-80-1 

81. Mississippi Science and Technology Commission 

[Repealed] 57-81-1 

xxxii 



General Outline 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT (Cont'd) 

Beginning 
Section 

83. Mississippi Technology, Inc. Liaison Committee 57-83-1 

85. Mississippi Rural Impact Act 57-85-1 

87. Mississippi Broadband Technology Development 

Act 57-87-1 

89. Mississippi Motion Picture Incentive Act 57-89-1 

91. Economic Redevelopment Act 57-91-1 

93. Mississippi Existing Industry Productivity Loan 

Program 57-93-1 

95. Mississippi Job Protection Act 57-95-1 

97. Mississippi Delta Revitalization Act of 2006 .... 57-97-1 
99. Mississippi Major Economic Impact Withholding 

Rebate Incentive Program 57-99-1 

100. Existing Industry Withholding Rebate Incentive 

Program 57-100-1 

101. Mississippi Major Economic Impact Authority 

Component Construction Material Costs Re- 
bate Program 57-101-1 

103. Technology Based Business Capital Assistance 

Programs 57-103-1 

105. Qualified Equity Investment Tax Credits 57-105-1 

107. Mississippi Workforce Training Projects 57-107-1 

TITLE 59. PORTS, HARBORS, LANDINGS AND WATERCRAFT 

Chapter 1. Harbor or Port Commissions; Powers of Political 

Subdivision; Pilotage 59-1-1 

3. Ports of Entry 59-3-1 

5. State Ports and Harbors 59-5-1 

6. Compact for Development of Deep Draft Harbor 

and Terminal 59-6-1 

7. County and Municipal Harbors 59-7-1 

9. County Port Authority or Development 

Commission 59-9-1 

11. County Port and Harbor Commission 59-11-1 

13. Harbor Improvements by Coast Counties 59-13-1 

15. Small Craft Harbors 59-15-1 

17. State Inland Ports 59-17-1 

19. Landings 59-19-1 

21. Boats and Other Vessels 59-21-1 

23. Alcohol Boating Safety Act 59-23-1 

25. Certificates of Title for Boats and Other Vessels 59-25-1 

TITLE 61. AVIATION 

Chapter 1. Transportation Commission 61-1-1 



XXXlll 



General Outline 

TITLE 61. AVIATION (Cont'd) 

Beginning 
Section 

3. Airport Authorities 61-3-1 

4. Mississippi Wayport Authority Act 6 1-4- 1 

5. Acquisition, Disposition and Support of Airport 

Facilities 61-5-1 

7. Airport Zoning 61-7-1 

9. Incorporation of Airport Into Corporate Bound- 
aries of Municipality 61-9-1 

11. Operation of Aircraft; Certification and Licens- 
ing of Pilots and Aircraft 61-11-1 

13. Aircraft for Use of Governor, State Departments 

and Agencies 61-13-1 

15. Registration of Aircraft 61-15-1 

17. Concealing or Misrepresenting Aircraft Identifi- 
cation Number; Non-Conforming Aircraft Fuel 

Containers 61-17-1 

TITLE 63. MOTOR VEHICLES AND TRAFFIC REGULATIONS 

Chapter 1. Driver's License 63-1-1 

2. Mandatory Use of Safety Seat Belts 63-2-1 

3. Traffic Regulations and Rules of the Road 63-3-1 

5. Size, Weight and Load 63-5-1 

7. Equipment and Identification 63-7-1 

9. Traffic Violations Procedure 63-9-1 

10. Nonresident Traffic Violator Compact 63-10-1 

11. Implied Consent Law 63-11-1 

13. Inspection of Motor Vehicles 63-13-1 

15. Motor Vehicle Safety — Responsibility 63-15-1 

17. Manufacture, Sales and Distribution 63-17-1 

19. Motor Vehicle Sales Finance Law 63-19-1 

21. Motor Vehicle Titles 63-21-1 

23. Abandoned Motor Vehicles 63-23-1 

25. Motor Vehicle Chop Shop, Stolen and Altered 

Property Act 63-25-1 

27. Disclosure of Use of Nonoriginal Replacement 

Parts , 63-27-1 

29. Mississippi Vehicle Protection Product Act 63-29-1 

TITLE 65. HIGHWAYS, BRIDGES AND FERRIES 

Chapter 1. Transportation Department 65-1-1 

2. State Transportation Arbitration Board 65-2-1 

3. State Highway System 65-3-1 

4. Economic Development Highway Act 65-4- 1 



XXXIV 



General Outline 

TITLE 65. HIGHWAYS, BRIDGES AND FERRIES (Cont'd) 

Beginning 
Section 

5. Controlled Access Facilities 65-5-1 

7. Public Roads and Streets; Private Way 65-7-1 

9. State Aid Roads in Counties 65-9-1 

10. County Major Feeder Road System 

[Repealed] 65-10-1 

11. County Highway Aid 65-11-1 

13. Highway and Street Revenue Bond Authority 65-13-1 

15. County Funds for Roads and Bridges 65-15-1 

17. County Road Officials 65-17-1 

18. Local System Road Program 65-18-1 

19. Separate Road Districts 65-19-1 

21. Bridges; General Provisions 65-21-1 

23. Bridges; Boundary and Other Waters 65-23-1 

25. Mississippi River Bridges 65-25-1 

26. Tennessee-Tombigbee Waterway Bridges 65-26-1 

27. Ferries; General Provisions 65-27-1 

29. Ferries in Certain Counties 65-29-1 

31. Hospitality Stations on Highways 65-31-1 

33. Sea Walls 65-33-1 

37. Local System Bridge Replacement and Rehabil- 
itation Program 65-37-1 

39. Gaming Counties Bond Sinking Fund 65-39-1 

41. Mississippi Scenic Byways 65-41-1 

43. Toll Roads and Toll Bridges 65-43-1 

TITLE 67. ALCOHOLIC BEVERAGES 

Chapter 1. Local Option Alcoholic Beverage Control 67-1-1 

3. Sale of Light Wine, Beer, and Other Alcoholic 

Beverages 67-3-1 

5. Native Wines 67-5-1 

7. Beer Industry Fair Dealing Act 67-7-1 

9. Possession or Transportation of Alcoholic Bever- 
ages, Light Wine, or Beer 67-9-1 

TITLE 69. AGRICULTURE, HORTICULTURE, AND ANIMALS 

Chapter 1. Agriculture and Commerce Department; Council 

on Agriculture 69-1-1 

2. Mississippi Farm Reform Act 69-2-1 

3. Agricultural Seeds 69-3-1 

5. Fairs; Stock Shows; Improvement of Livestock 69-5-1 

7. Markets and Marketing; Domestic Fish Farming 69-7-1 

8. Beef Promotion And Research Program 



XXXV 



General Outline 

TITLE 69. AGRICULTURE, HORTICULTURE, AND 
ANIMALS (Cont'd) 

Beginning 
Section 

9. Soybean Promotion Board 69-9-1 

10. Rice Promotion Board 69-10-1 

11. Swine 69-11-1 

13. Stock Laws, Estrays 69-13-1 

15. Board of Animal Health; Livestock and Animal 

Diseases 69-15-1 

17. Livestock Biologies, Drugs and Vaccines 69-17-1 

19. Regulation of Professional Services 69-19-1 

21. Crop Spraying and Licensing of Aerial 

Applicators 69-21-1 

23. Mississippi Pesticide Law 69-23-1 

24. Fertilizing Materials and Additives 69-24-1 

25. Plants, Plant and Bee Diseases 69-25-1 

26. Pest Control Compact 69-26-1 

27. Soil Conservation 69-27-1 

28. Protection and Conservation of Agricultural 

Lands 69-28-1 

29. Livestock Brands, Theft or Loss of Livestock and 

Protective Associations 69-29-1 

31. Regulation of Moisture-Measuring Devices 69-31-1 

33. Pecan Harvesting 69-33-1 

34. Milk Producers Transportation Cost Assistance 

Loan Program 69-34-1 

35. Mississippi Dairy Promotion Act 69-35-1 

36. Southern Dairy Compact 69-36-1 

37. Mississippi Boll Weevil Management Act 69-37-1 

39. Agricultural Liming Materials 69-39- 1 

41. Mississippi Agribusiness Council Act of 1993 .. . 69-41-1 

42. Program to Encourage Growth in Mississippi 

Agribusiness Industry 69-42-1 

43. Mississippi Ratite Council and Promotion Board 69-43-1 

44. Mississippi Corn Promotion Board 69-44-1 

45. Mississippi Agricultural Promotions Program 

Act 69-45-1 

46. Mississippi Land, Water and Timber Resources 

Act 69-46-1 

47. Organic Certification Program 69-47-1 

48. Peanut Promotion Board 69-48-1 

49. Field Crop Products 69-49-1 

51. Ethanol, Anhydrous Alcohol and Wet Alcohol ... 69-51-1 



XXXVI 



General Outline 
TITLE 71. LABOR AND INDUSTRY 



Chapter 1. Employer and Employee 

3. Workers' Compensation 

5. Unemployment Compensation 

7. Drug and Alcohol Testing of Employees 

9. Medical Savings Account Act 

11. Employment Protection Act 

TITLE 73. PROFESSIONS AND VOCATIONS 

Chapter 1. Architects 

2. Landscape Architectural Practice 

3. Attorneys at Law 

4. Auctioneers 

5. Barbers 

6. Chiropractors 

7. Cosmetologists 

9. Dentists 

10. Dietitians 

11. Practice of Funeral Service and Funeral 

Directing 

13. Engineers and Land Surveyors 

14. Hearing Aid Dealers 

15. Nurses 

17. Nursing Home Administrators 

19. Optometry and Optometrists 

21. Pharmacists 

22. Orthotics and Prosthetics 

23 . Physical Therapists 

24. Mississippi Occupational Therapy Practice Act 

25. Physicians 

26. Physician Assistants 

27. Podiatrists 

29. Polygraph Examiners 

30. Licensed Professional Counselors 

31. Psychologists 

33. Public Accountants 

34. Real Estate Appraisers 

35. Real Estate Brokers 

36. Registered Foresters 

37. Sanitarians 

38. Speech Pathologists and Audiologists 

39. Veterinarians 

41. Athlete Agents [Repealed] 



Beginning 
Section 



71-1- 
71-3- 
71-5- 
71-7- 
71-9- 
71-11- 



73-1-1 
73-2-1 
73-3-1 
73-4-1 
73-5-1 
73-6-1 
73-7-1 
73-9-1 
73-10-1 

73-11-1 
73-13-1 
73-14-1 



73-15 

73-17 

73-19 

73-21 

73-22 

73-23 

73-24 

73-25 

73-26 

73-27 

73-29 

73-30 

73-31-1 

73-33-1 

73-34-1 

73-35-1 

73-36-1 

73-37-1 

73-38-1 

73-39-1 

73-41-1 



XXXVll 



General Outline 

TITLE 73. PROFESSIONS AND VOCATIONS (Cont'd) 

Beginning 
Section 

42. Uniform Athlete Agents Law 73-42-1 

43. State Board of Medical Licensure 73-43-1 

45. Information to Be Included in Prescriptions .... 73-45-1 

47. [Reserved] 

49. Health Care Provider Licensing Boards 73-49-1 

51. Unlicensed Practice of Profession 73-51-1 

52. Licensure Records 73-52-1 

53. Licensing and Regulation of Social Workers .... 73-53-1 

54. Marriage and Family Therapists 73-54-1 

55. Mississippi Athletic Trainers Licensure Act 73-55-1 

57. Mississippi Respiratory Care Practice Act 73-57-1 

59. Residential Builders and Remodelers 73-59-1 

60. Home Inspectors 73-60-1 

61. Tattooing and Body Piercing 73-61-1 

63. Registered Professional Geologists Practice Act 73-63-1 

65. Professional Art Therapists 73-65-1 

67. Professional Massage Therapists 73-67-1 

69. Mississippi Residential Electronic Protection Li- 
censing Act 73-69-1 

71. Acupuncture Practice Act 73-71-1 

TITLE 75. REGULATION OF TRADE, COMMERCE AND 

INVESTMENTS 

Chapter 1. Uniform Commercial Code — General Provisions 75-1-101 

2. Uniform Commercial Code — Sales 75-2-101 

2A. Uniform Commercial Code — Leases 75-2A-101 

3. Uniform Commercial Code — Negotiable 

Instruments 75-3-101 

4. Uniform Commercial Code — Bank Deposits and 

Collections 75-4-101 

4A. Uniform Commercial Code — Funds Transfers .. 75-4A-101 

5. Uniform Commercial Code — Revised Article 5. 

Letters of Credit 75-5-101 

6. Uniform Commercial Code — Bulk Transfers 75-6-101 

7. Uniform Commercial Code — Documents of Title 75-7-101 

8. Uniform Commercial Code — Revised Article 8. 

Investment Securities 75-8-101 

9. Uniform Commercial Code — Secured 

Transactions 75-9-101 

10. Uniform Commercial Code — Effective Date and 

Repealer 75-10-101 

11. Uniform Commercial Code — Effective Date and 

Transition Provisions: 1977 Amendments 75-11-101 

xxxviii 



General Outline 

TITLE 75. REGULATION OF TRADE, COMMERCE AND 
INVESTMENTS (Cont'd) 

Beginning 
Section 

12. Uniform Electronic Transactions Act 75-12-1 

13. Bills, Notes and Other Writings 75-13-1 

15. SaleofChecks 75-15-1 

17. Interest, Finance Charges, and Other Charges 75-17-1 

18. Revolving Charge Agreements; Credit Cards 

[Repealed] 75-18-1 

19. Seals 75-19-1 

21. Trusts and Combines in Restraint or Hindrance 

of Trade 75-21-1 

23. Fair Trade Laws 75-23-1 

24. Regulation of Business for Consumer Protection 75-24-1 

25. Registration of Trademarks and Labels 75-25-1 

26. Mississippi Uniform Trade Secrets Act 75-26-1 

27. Weights and Measures 75-27-1 

29. Sale and Inspection of Food and Drugs 75-29-1 

31. Milk and Milk Products 75-31-1 

33. Meat, Meat-Food and Poultry Regulation and 

Inspection 75-33-1 

35. Meat Inspection 75-35-1 

37. Operation of Frozen Food Locker Plants 75-37-1 

39. Sale of Baby Chicks ... 75-39-1 

40. Importation and Sale of Animals or Birds 75-40-1 

41. Gins 75-41-1 

43. Farm Warehouses 75-43-1 

44. Grain Warehouses 75-44-1 

45. Commercial Feeds and Grains 75-45-1 

47. Commercial Fertilizers 75-47-1 

49. Factory-Built Homes 75-49-1 

51. WaterHeaters 75-51-1 

53. Paints, Varnishes and Similar Materials 75-53-1 

55. Gasoline and Petroleum Products 75-55-1 

56. Antifreeze and Summer Coolants 75-56- 1 

57. Liquefied Petroleum Gases 75-57-1 

58. Mississippi Natural Gas Marketing Act 75-58-1 

59. Correspondence Courses 75-59-1 

60. Proprietary Schools and Colleges 75-60-1 

61. Manufacture and Sale of Jewelry and Optical 

Equipment 75-61-1 

63. Sales of Cemetery Merchandise and Funeral 

Services 75-63-1 

65. Going Out of Business Sales; Unsolicited Goods 75-65-1 

66. Home Solicitation Sales 75-66-1 



XXXIX 



General Outline 

TITLE 75. REGULATION OF TRADE, COMMERCE AND 
INVESTMENTS (Cont'd) 

Beginning 
Section 

67. Loans : 75-67-1 

69. Farm Loan Bonds 75-69-1 

71. Uniform Securities Law [Repealed effective Jan- 
uary 1, 2010] 75-71-1 

71. Mississippi Securities Act of 2009 [Effective Jan- 

uary 1, 2010] 75-71-101 

72. Business Takeovers 75-72-1 

73. Hotels and Innkeepers 75-73-1 

74. Youth Camps 75-74-1 

75. Amusements, Exhibitions and Athletic Events 75-75-1 

76. Mississippi Gaming Control Act 75-76-1 

77. Repurchase of Inventories From Retailers Upon 

Termination of Contract 75-77-1 

79. Pulpwood Scaling and Practices 75-79-1 

81. Dance Studio Lessons 75-81-101 

83. Health Spas 75-83-1 

85. Transient Vendor 75-85-1 

87. Contracts Between Out-of-State Principals and 

Commissioned Sales Representatives 75-87-1 

89. Mississippi Commodities Enforcement Act 75-89-1 

91. Truth in Music Advertising 75-91-1 

TITLE 77. PUBLIC UTILITIES AND CARRIERS 

Chapter 1. Public Service Commission 77-1-1 

2. Public Utilities Staff 77-2-1 

3. Regulation of Public Utilities 77-3-1 

5. Electric Power 77-5-1 

6. Municipal Gas Authority of Mississippi Law .... 77-6-1 

7. Motor Carriers 77-7-1 

9. Railroads and Other Common Carriers 77-9-1 

11. Gas Pipelines and Distribution Systems 77-11-1 

13. Regulation of Excavations Near Underground 

Utility Facilities ...., 77-13-1 

15. Local Natural Gas Districts 77-15-1 

TITLE 79. CORPORATIONS, ASSOCIATIONS, AND 
PARTNERSHIPS 

Chapter 1. General Provisions Relative to Corporations ... . 79-1-1 

3. Business Corporations [Repealed] 79-3-1 

4. Mississippi Business Corporation Act 79-4-1.01 

xl 



General Outline 

TITLE 79. CORPORATIONS, ASSOCIATIONS, AND 
PARTNERSHIPS (Cont'd) 

Beginning 
Section 

5. Business Development Corporations 

[Repealed] 79-5-1 

6. Foreign Limited Liability Companies [Repealed] 79-6-1 

7. Small Business Investment Companies 79-7-1 

9. Professional Corporations [Repealed] 79-9- 1 

10. Mississippi Professional Corporation Act 79-10-1 

11. Nonprofit, Nonshare Corporations and Religious 

Societies 79-11-1 

12. Partnerships [Repealed] 79-12-1 

13. Uniform Partnership Act (1997) 79-13-101 

14. Mississippi Limited Partnership Act 79-14-101 

15. Investment Trusts 79-15-1 

16. Mississippi Registration of Foreign Business 

Trusts Act 79-16-1 

17. Agricultural Associations; Conversion to Corpo- 

rate Form 79-17-1 

19. Agricultural Cooperative Marketing 

Associations 79-19-1 

21. Aquatic Products Marketing Association 79-21-1 

22. Mississippi Aquaculture Act of 1988 79-22-1 

23. Commercial and Proprietary Information 79-23-1 

25. Mississippi Shareholder Protection Act 79-25-1 

27. Mississippi Control Share Act 79-27-1 

29. Mississippi Limited Liability Company Act 79-29-101 

31. Mississippi Registration of Foreign Limited Lia- 
bility Partnerships Act [Repealed] 79-31-1 

33. Corporate Successor Asbestos-Related Liability 

in Connection with Mergers or Consolidations 79-33-1 

TITLE 81. BANKS AND FINANCIAL INSTITUTIONS 

Chapter 1. Department of Banking and Consumer Finance 81-1-1 

3. Incorporation and Organization of Banks 81-3-1 

5. General Provisions Relating to Banks and 

Banking 81-5-1 

7. Branch Banks 81-7-1 

8. Regional Banking Institutions 81-8-1 

9. Insolvent Banks 81-9-1 

11. Savings and Loan Associations [Repealed] 81-11-1 

12. Savings Associations Law 81-12-1 

13. Credit Unions 81-13-1 

14. Savings Bank Law 81-14-1 

xli 



General Outline 

TITLE 81. BANKS AND FINANCIAL INSTITUTIONS (Cont'd) 

Beginning 
Section 

15. Mississippi Rural Credit Law 81-15-1 

17. Farmers' Credit Associations 81-17-1 

18. Mississippi S.A.F.E. Mortgage Licensing Act of 

2009 81-18-1 

19. Consumer Loan Broker Act 81-19-1 

20. Consumer Complaints and Disputes Against 

Mortgage Companies 81-20-1 

21. Insurance Premium Finance Companies 81-21-1 

22. Mississippi Debt Management Services Act 81-22-1 

23. Interstate Bank Branching 81-23-1 

25. The Mississippi International Banking Act 81-25-1 

27. Multistate, State and Limited Liability Trust 

Institutions 81-27-1.001 

29. Lender Trade Name and Trademark Use 81-29-1 

TITLE 83. INSURANCE 

Chapter 1. Department of Insurance 83-1-1 

2. Competitive Rating for Property and Casualty 

Insurance 83-2-1 

3. Insurance Commissioner, Rating Bureau and 

Rates 83-3-1 

5. General Provisions Relative to Insurance and 

Insurance Companies 83-5-1 

6. Registration and Examination of Insurers 83-6-1 

7. Life Insurance 83-7-1 

9. Accident, Health and Medicare Supplement 

Insurance 83-9-1 

11. Automobile Insurance 83-11-1 

13. Fire Insurance 83-13-1 

14. Homeowners' and Farmowners' Insurance 

[Repealed] 83-14-1 

15. Title Insurance 83-15-1 

17. Insurance Agents, Solicitors, or Adjusters 83-17-1 

18. Insurance Administrators and Managing Gen- 

eral Agents : 83-18-1 

19. Domestic Companies 83-19-1 

20. Domicile Change for Domestic and Foreign 

Insurers 83-20-1 

21. Foreign Companies 83-21-1 

23. Insolvent Insurance Companies; Insurance 

Guaranty Association 83-23-1 

24. Insurers Rehabilitation and Liquidation Act ... . 83-24-1 

xlii 



General Outline 

TITLE 83. INSURANCE (Cont'd) 

Beginning 
Section 

25. Co-operative Insurance 83-25-1 

27. Surety Companies 83-27-1 

29. Fraternal Societies 83-29-1 

30. Larger Fraternal Benefit Societies 83-30-1 

31. Mutual Companies 83-31-1 

33. Reciprocal Insurance 83-33-1 

34. Windstorm Underwriting Association 83-34- 1 

35. Underwriting Association [Repealed] 83-35-1 

36. Joint Underwriting Association for Medical Mal- 

practice Insurance 83-36-1 

37. Burial Associations 83-37-1 

38. Mississippi Residential Property Insurance Un- 

derwriting Association Law 83-38-1 

39. Bail Bonds and Bondsmen 83-39-1 

41. Hospital and Medical Service Associations and 

Contracts 83-41-1 

43. Nonprofit Dental Service Corporations 83-43-1 

45. Nonprofit, Community Service Blood Supply 

Plans 83-45-1 

47. Nonprofit Medical Liability Insurance 

Corporations 83-47-1 

48. Medical Malpractice Insurance Availability Act 83-48-1 

49. Legal Expense Insurance 83-49-1 

51. Dental Care Benefits 83-51-1 

53. Credit Life and Credit Disability Insurance 83-53-1 

54. Mississippi Creditor-Placed Insurance Act 83-54-1 

55. Risk Retention Act 83-55-1 

57. Home Warranties [Repealed] 83-57-1 

58. New Home Warranty Act 83-58-1 

59. Business Transacted With Producer Controlled 

Insurer Act 83-59-1 

61. Voluntary Basic Health Insurance Coverage Law 83-61-1 

62. Health Savings Accounts 83-62-1 

63. Small Employer Health Benefit Plans 83-63-1 

64. Health Discount Plans 83-64-1 

65. Regulation of Vehicle Service Contracts 83-65-101 

67. Utilization of Modern Systems for Holding and 

Transferring Securities Without Physical 

Delivery 83-67-1 

69. Interstate Insurance Product Regulation 

Compact 83-69-1 



xliii 



General Outline 



TITLE 85. DEBTOR-CREDITOR RELATIONSHIP 

Beginning 
Section 

Chapter 1 . Assignment for Benefit of Creditors 85-1-1 

3. Exempt Property 85-3-1 

5. Joint and Several Debtors 85-5-1 

7. Liens 85-7-1 

8. Uniform Federal Lien Registration Act 85-8-1 

9. Debt Adjusting or Credit Arranging [Repealed] . 85-9-1 

TITLE 87. CONTRACTS AND CONTRACTUAL RELATIONS 

Chapter 1 . Gambling and Future Contracts 87-1-1 

3. Power and Letters of Attorney 87-3-1 

5. Principal and Surety 87-5-1 

7. Improvements to Real Property 87-7-1 

9. General Provisions 87-9-1 

TITLE 89. REAL AND PERSONAL PROPERTY 

Chapter 1. Land and Conveyances 89-1-1 

2. Liability of Recreational Landowners 89-2-1 

3. Acknowledgments 89-3-1 

5. Recording of Instruments 89-5-1 

6. Mississippi Plane Coordinate System 89-6-1 

7. Landlord and Tenant 89-7-1 

8. Residential Landlord and Tenant Act 89-8-1 

9. Condominiums 89-9-1 

11. Escheats 89-11-1 

12. Uniform Disposition of Unclaimed Property Act 89-12-1 

13. Party Fences 89-13-1 

15. Party Walls 89-15-1 

17. Salvage 89-17-1 

19. Mississippi Conservation Easements 89-19-1 

21. Uniform Disclaimer of Property Interests Act .. 89-21-1 
23. Mississippi Uniform Environmental Covenants 

Act 89-23-1 

TITLE 91. TRUSTS AND ESTATES 

Chapter 1. Descent and Distribution 91-1-1 

3. Uniform Simultaneous Death Law 91-3-1 

5. Wills and Testaments 91-5-1 

7. Executors and Administrators 91-7-1 

9. Trusts and Trustees 91-9-1 

11. Fiduciary Security Transfers 91-11-1 

xliv 



Chapter 



Chapter 



13. 
15. 
17. 
19. 
20. 
21. 



1. 

3. 

5. 

7. 

9. 
11. 
12. 

13. 
15. 
16. 
17. 

19. 
21. 
22. 

23. 

25. 
27. 

29. 



1. 
3. 
5. 

7. 
9. 

11. 



General Outline 

TITLE 91. TRUSTS AND ESTATES (Cont'd) 

Beginning 
Section 

Fiduciary Investments 91-13-1 

Release of Powers of Appointment 91-15-1 

Uniform Principal and Income Law 91-17-1 

Gifts to Minors [Repealed] 91-19-1 

Transfers to Minors 91-20-1 

Uniform Transfer-on-Death Security Registra- 
tion Act 91-21-1 

TITLE 93. DOMESTIC RELATIONS 

Marriage 93-1-1 

Husband and Wife 93-3-1 

Divorce and Alimony 93-5-1 

Annulment of Marriage 93-7-1 

Bastardy 93-9-1 

Enforcement of Support of Dependents 93-11-1 

Enforcement of Child Support Orders from For- 
eign Jurisdictions 93-12-1 

Guardians and Conservators 93-13-1 

Termination of Rights of Unfit Parents 93-15-1 

Grandparents' Visitation Rights 93-16-1 

Adoption, Change of Name, and Legitimation of 

Children 93-17-1 

Removal of Disability of Minority 93-19-1 

Protection from Domestic Abuse 93-2 1- 1 

Uniform Interstate Enforcement of Domestic Vi- 
olence Protection Orders 93-22-1 

Uniform Child Custody Jurisdiction Act 

[Repealed] 93-23-1 

Uniform Interstate Family Support Act 93-25-1 

Uniform Child Custody Jurisdiction and En- 
forcement Act 93-27-101 

Uniform Child Abduction Prevention Act 93-29-1 

TITLE 95. TORTS 

Libel and Slander . 95-1-1 

Nuisances 95-3-1 

Trespass 95-5-1 

Liability Exemption for Donors of Food 95-7-1 

Liability Exemption for Volunteers and Sports 

Officials 95-9-1 

Liability Exemption for Equine and Livestock 

Activities 95-11-1 



xlv 



Chapter 



Chapter 



13. 



1. 
3. 
5. 

7. 

9. 
11. 
13. 
15. 

17. 
19. 
21. 
23. 

25. 

27. 
29. 
31. 
32. 
33. 
35. 
37. 
39. 
41. 
43. 

44. 
45. 



1. 
3. 
5. 
7. 
9. 
11. 



General Outline 
TITLE 95. TORTS (Cont'd) 



Liability Exemption for Noise Pollution by Sport- 
shooting Ranges 

TITLE 97. CRIMES 

Conspiracy, Accessories and Attempts 

Crimes Against the Person 

Offenses Affecting Children 

Crimes Against Sovereignty or Administration of 

Government 

Offenses Affecting Administration of Justice .... 

Offenses Involving Public Officials 

Election Crimes 

Offenses Affecting Highways, Ferries and 

Waterways 

Crimes Against Property 

False Pretenses and Cheats 

Forgery and Counterfeiting 

Offenses Affecting Trade, Business and 

Professions 

Offenses Affecting Railroads, Public Utilities and 

Carriers 

Crimes Affecting Public Health 

Crimes Against Public Morals and Decency 

Intoxicating Beverage Offenses 

Tobacco Offenses 

Gambling and Lotteries 

Crimes Against Public Peace and Safety 

Weapons and Explosives 

Dueling 

Cruelty to Animals 

Racketeer Influenced and Corrupt Organization 

Act (RICO) 

Mississippi Streetgang Act 

Computer Crimes and Identity Theft 

TITLE 99. CRIMINAL PROCEDURE 

General Provisions; Time Limitations; Costs . . . 

Arrests 

Bail 

Indictment 

Process 

Jurisdiction and Venue 



Beginning 
Section 

95-13-1 



97-1-1 
97-3-1 
97-5-1 

97-7-1 

97-9-1 

97-11-1 

97-13-1 

97-15-1 
97-17-1 
97-19-1 
97-21-1 

97-23-1 



97-25 

97-27 

97-29 

97-31 

97-32 

97-33 

97-35 

97-37 

97-39-1 

97-41-1 



97-43-1 
97-44-1 
97-45-1 



99-1-1 
99-3-1 
99-5-1 
99-7-1 
99-9-1 
99-11-1 



xlvi 



General Outline 

TITLE 99. CRIMINAL PROCEDURE (Cont'd) 

Beginning 
Section 

13. Insanity Proceedings 99-13-1 

15. Pretrial Proceedings 99-15-1 

17. Trial 99-17-1 

18. Mississippi Capital Defense Litigation Act 99-18-1 

19. Judgment, Sentence, and Execution 99-19-1 

20. Community Service Restitution 99-20-1 

21. Fugitives From Other States 99-21-1 

23. Peace Bonds 99-23-1 

25. Forms 99-25-1 

27. Proceedings for Intoxicating Beverage Offenses 99-27-1 

29. Vagrancy Proceedings 99-29-1 

31. Obscene Publications Proceedings [Repealed] .. 99-31-1 

33. Prosecutions Before Justice Court Judges 99-33-1 

35. Appeals 99-35-1 

36. Victim Assistance Coordinator 99-36-1 

37. Restitution to Victims of Crimes 99-37-1 

38. Crime Victim's Escrow Account Act 99-38-1 

39. Post-Conviction Proceedings 99-39-1 

40. Office of Indigent Appeals 99-40-1 

41. Mississippi Crime Victims' Compensation Act .. 99-41-1 

43. Mississippi Crime Victims' Bill of Rights 99-43-1 

45. Statewide Automated Victim Information and 

Notification System 99-45-1 

47. Victim of Domestic Violence, Sexual Assault or 

Stalking Address Confidentiality Program .... 99-47-1 
49. Preservation and Accessibility of Biological 

Evidence 99-49- 1 



xlvii 



MISSISSIPPI CODE 
1972 

ANNOTATED 
VOLUME ELEVEN 



TITLE 41 
PUBLIC HEALTH 

Chapter 1. Mississippi Department of Public Health [Repealed] 

Chapter 3. State Board of Health; Local Health Boards and Officers .... 41-3-1 

Chapter 4. Department of Mental Health 41-4-1 

Chapter 5. Governing Authorities for State Hospitals and Institutions .. 41-5-1 

Chapter 7. Hospital and Health Care Commissions 41-7-1 

Chapter 9. Regulation of Hospitals; Hospital Records 41-9-1 

Chapter 10. Medical Records 41-10-1 

Chapter 11. State Charity Hospitals; Mississippi Children's Rehabilitation 

Center 41-11-1 

Chapter 13. Community Hospitals 41-13-1 

Chapter 15. Department for the Prevention of Insanity [Repealed] 

Chapter 17. State Mental Institutions 41-17-1 

Chapter 19. Facilities and Services for Individuals with Mental Retarda- 
tion or Mental Illness , 41-19-1 

Chapter 21. Individuals with Mental Illness or Mental Retardation 41-21-1 

Chapter 22. Hemophilia 41-22-1 

Chapter 23. Contagious and Infectious Diseases; Quarantine 41-23-1 

Chapter 24. Sickle Cell Testing Program 41-24-1 

Chapter 25. Disinfection and Sanitation of Buildings and Premises 41-25-1 

Chapter 26. Mississippi Safe Drinking Water Act of 1997 41-26-1 

Chapter 27. Mosquito Control 41-27-1 

Chapter 28. Diabetes 41-28-1 

Chapter 29. Poisons, Drugs and Other Controlled Substances 41-29-1 

Chapter 30. Alcoholism and Alcohol Abuse Prevention, Control and 

Treatment 41-30-1 

Chapter 31. Commitment of Alcoholics and Drug Addicts for Treatment 41-31-1 
Chapter 32. Commitment of Alcoholics and Drug Addicts to Private Treat- 
ment Facilities 41-32-1 

Chapter 33. Tuberculosis and Respiratory Diseases; Tuberculosis 

Sanatorium 41-33-1 

Chapter 34. Health Care Practice Requirements Pertaining to Transmis- 
sion of Hepatitis B and HIV 41-34-1 

Chapter 35. Eye Inflammation of Young 41-35-1 

Chapter 36. Determination of Death 41-36-1 

Chapter 37. Autopsies 41-37-1 

Chapter 39. Disposition of Human Bodies or Parts 41-39-1 

Chapter 41. Surgical or Medical Procedures; Consents 41-41-1 

Chapter 42. Family Planning 41-42-1 

Chapter 43. Cemeteries and Burial Grounds 41-43-1 



41-1-1 



Public Health 



Chapter 45. Sexual Sterilization [Repealed] 

Chapter 47. Transportation and Possession of Parakeets and Other Birds 

[Repealed] 

Chapter 49. Regulation of Hotels and Innkeepers 41-49-1 

Chapter 51. Animal and Poultry By- Products Disposal or Rendering Plants 41-51-1 

Chapter 53. Rabies Control in Dogs and Cats 41-53-1 

Chapter 55. Public Ambulance Service 41-55-1 

Chapter 57. Vital Statistics 41-57-1 

Chapter 58. Medical Radiation Technology 41-58-1 

Chapter 59. Emergency Medical Services 41-59-1 

Chapter 60. Emergency Medical Technicians — Paramedics — Use of 

Automated External Defibrillator 41-60-1 

Chapter 61. State Medical Examiner 41-61-1 

Chapter 63. Evaluation and Review of Professional Health Services 

Providers 41-63-1 

Chapter 65. [Reserved] 

Chapter 67. Mississippi Individual On-Site Wastewater Disposal System 

Law 41-67-1 

Chapter 69. [Reserved] 

Chapter 71. Home Health Agencies 41-71-1 

Chapter 73. Hospital Equipment and Facilities Authority Act 41-73-1 

Chapter 75. Ambulatory Surgical Facilities 41-75-1 

Chapter 77. Licensing of Birthing Centers 41-77-1 

Chapter 79. Health Problems of School Children 41-79-1 

Chapter 81. Perinatal Health Care 41-81-1 

Chapter 83. Utilization Review of Availability of Hospital Resources and 

Medical Services 41-83-1 

Chapter 85. Mississippi Hospice Law of 1995 41-85-1 

Chapter 86. Mississippi Children's Health Care Act 41-86-1 

Chapter 87. Early Intervention Act for Infants and Toddlers 41-87-1 

Chapter 88. Mississippi Child Immunization Act of 1994 41-88-1 

Chapter 89. Infant Mortality Task Force 41-89-1 

Chapter 90. Hearing Impairment of Infants and Toddlers 41-90-1 

Chapter 91. Central Cancer Registry 41-91-1 

Chapter 93. Osteoporosis Prevention and Treatment Education Act 41-93-1 

Chapter 95. Mississippi Health Policy Act of 1994 41-95-1 

Chapter 97. State Employee Wellness and Physical Fitness Programs 41-97-1 

Chapter 99. Qualified Health Center Grant Program 41-99-1 

Chapter 101. Mississippi Council on Obesity Prevention and Management 41-101-1 

Chapter 103. Task Force on Heart Disease and Stroke Prevention 41-103-1 

Chapter 105. Healthcare Coordinating Council 41-105-1 

Chapter 107. Health Care Rights of Conscience 41-107-1 

Chapter 109. Leonard Morris Chronic Kidney Disease Leadership Task 

Force 41-109-1 

Chapter 111. Child Death Review Panel 41-111-1 

Chapter 113. Tobacco Education, Prevention and Cessation Program 41-113-1 

Chapter 115. Tanning Facilities 41-115-1 

CHAPTER 1 

Mississippi Department of Public Health 
[Repealed] 



§§ 41-1-1 through 41-1-17. Repealed. 

Repealed by Laws 1982, ch. 494, § 16, eff from and after July 1, 1982. 



Mississippi Department of Public Health § 41-1-17 

[Codes, 1906, §§ 1640-1647; Hemingway's 1917, §§ 4818-4824; 1930, 
§§ 4860-4867; 1942, §§ 7016-7023.5; Laws, 1897, ch. 15; Laws, 1970, ch. 363, 

§ 4] 

Editor's Note — Former §§ 41-1-1 through 41-1-17 created the Mississippi Depart- 
ment of Public Health. 



3 



CHAPTER 3 
State Board of Health; Local Health Boards and Officers 

In General 41-3-1 

Medical Services for Uninsured ; 41-3-101 

IN GENERAL 

Sec. 

41-3-1. Repealed. 

41-3-1.1. Reconstitution of State Board of Health; qualifications, appointment, 

and terms of members; statement of economic interest; recusal from 
participation in certain matters [Repealed effective June 30, 2010]. 

41-3-3. Oath of members [Repealed effective June 30, 2010]. 

41-3-4. Chairman and vice-chairman; meetings; automatic termination of mem- 

bers' terms of office for nonattendance; compensation [Repealed effective 
June 30, 2010]. 

41-3-5. Repealed 

41-3-5.1. Executive officer; qualifications; term of office; removal [Repealed effec- 

tive June 30, 2010]. 

41-3-6. State Board of Health to review existing legislation pertaining to public 

health and to submit new legislation [Repealed effective June 30, 2010]. 

41-3-7. Repealed. 

41-3-9 through 41-3-13. Repealed. 

41-3-15. General powers, duties and authority of State Board of Health; general 

powers and duties of executive director; establishment of office of rural 
health [Repealed effective June 30, 2010]. 

41-3-16. Local governments and rural water systems improvements revolving 

loan and grant program [Repealed effective June 30, 2010]. 

41-3-17. Power to make and publish rules and regulations [Repealed effective 

June 30, 2010]. 

41-3-18. Assessment of fees [Repealed effective June 30, 2010]. 

41-3-19. Report to the Governor [Repealed effective June 30, 2010]. 

41-3-20. Repeal of §§ 41-3-1 through 41-3-19. 

41-3-21. Mississippi Public Health Laboratory created; powers and duties. 

41-3-23. Mississippi Public Health Laboratory Fund established; use of other 

funds to support Mississippi Public Health Laboratory authorized. 

41-3-25 through 41-3-29. Repealed 

41-3-30. Repealed. 

41-3-31 through 41-3-35. Repealed. 

41-3-37. Appointment of county health officer. 

41-3-39. Repealed. 

41-3-41. Duties of county health officer. 

41-3-43. County department of health; director. 

41-3-45. Term of office of director; removal. 

41-3-47. Repealed. 

41-3-49. Powers and duties of director. 

41-3-51. Records and reports of director. 

41-3-53. Maintenance of county department of health. 

41-3-55. Repealed. 

41-3-57. Municipal regulation of health. 

41-3-59. Violation of health rules. 



Health Boards and Officers § 41-3-1.1 

§ 41-3-1. Repealed. 

Repealed by Laws, 2007, ch. 514, § 1, eff March 30, 2007. 

§ 41-3-1. [Codes, 1892, § 2267; 1906, § 2482; Hemingway's 1917, § 4831; 
1930, § 4868; 1942, § 7024; Laws, 1926, ch. 310; Laws, 1960, ch. 351, § 1; 
Laws, 1966, ch. 456, § 1; Laws, 1972, ch. 336, § 1; Laws, 1977, ch. 377; Laws, 
1980, ch. 465, § 1; reenacted without change, Laws, 1982, ch. 494, § 1; 
reenacted, Laws, 1990, ch. 568, § 1; reenacted without change, Laws, 1994, ch. 
462, § 1; reenacted, Laws, 1995, ch. 363, § 1; reenacted without change, Laws, 
2001, ch. 420, § 1; Laws, 2003, ch. 542, § 1, eff from and after July 1, 2003.] 

Editor's Note — Former § 41-3-1 provided for the organization of the State Board 
of Health. For reconstitution of the State Board of Health, see § 41-3-1.1. 

RESEARCH REFERENCES 

Am Jur. 39 Am. Jur. 2d, Health §§ 1 et Foley and Lardner, Health Care Law 
seq. Sourcebook: A Compendium of Federal 

CJS. 39A C.J.S., Health and Environ- Laws, Regulatory and Documents Relat- 
ment §§ 9 et seq. ing to Health Care (Matthew Bender). 

Practice References. Health Care Ad- 
ministration Library (CD-ROM) (Mat- 
thew Bender). 

§ 41-3-1.1. Reconstitution of State Board of Health; qualifica- 
tions, appointment, and terms of members; statement of 
economic interest; recusal from participation in certain 
matters [Repealed effective June 30, 2010]. 

(1) The State Board of Health is continued and reconstituted as follows: 
There is created the State Board of Health which, from and after March 

30, 2007, shall consist of eleven (11) members appointed with the advice and 

consent of the Senate, as follows: 

(a) Five (5) members of the board shall be currently licensed physicians 
of good professional standing who have had at least seven (7) years' 
experience in the practice of medicine in this state. Three (3) members shall 
be appointed by the Governor, one (1) member shall be appointed by the 
Lieutenant Governor, and one (1) member shall be appointed by the Attorney 
General, in the manner provided in paragraph (d) of this subsection (1). 

(b) Six (6) members of the board shall be individuals who have a 
background in public health or an interest in public health who are not 
currently or formerly licensed physicians. Four (4) of those members shall be 
appointed by the Governor, one (1) of those members shall be appointed by 
the Lieutenant Governor, and one (1) of those members shall be appointed by 
the Attorney General, in the manner provided in paragraph (d) of this 
subsection (1). 

(c) The Governor, Lieutenant Governor and Attorney General shall give 
due regard to geographic distribution, race and gender in making their 
appointments to the board. It is the intent of the Legislature that the 



§ 41-3-1.1 Public Health 

membership of the board reflect the population of the State of Mississippi. Of 
the Governor's appointments, one (1) member of the board shall be ap- 
pointed from each of the four (4) congressional districts as constituted on 
June 30, 2007, and one (1) member of the board shall be appointed from each 
of the three (3) Supreme Court districts as constituted on June 30, 2007. Of 
the Lieutenant Governor's appointments, one (1) member of the board shall 
be appointed from the First Congressional District and one (1) member of the 
board shall be appointed from the Fourth Congressional District as consti- 
tuted on June 30, 2007. Of the Attorney General's appointments, one (1) 
member of the board shall be appointed from the Second Congressional 
District and one (1) member of the board shall be appointed from the Third 
Congressional District as constituted on June 30, 2007. 

(d) The initial members of the board shall be appointed for staggered 
terms, as follows: Of the Governor's appointments, two (2) members shall be 
appointed for terms that end on June 30, 2009; two (2) members shall be 
appointed for terms that end on June 30, 2011; and three (3) members shall 
be appointed for terms that end on June 30, 2013. Of the Lieutenant 
Governor's appointments, one (1) member shall be appointed for a term that 
ends on June 30, 2009; and one (1) member shall be appointed for a term that 
ends on June 30, 2013. Of the Attorney General's appointments, one (1) 
member shall be appointed for a term that ends on June 30, 2009; and one 
(1) member shall be appointed for a term that ends on June 30, 2011. 

A member of the board serving before January 1, 2007, shall be eligible 
for reappointment to the reconstituted board unless the person is disquali- 
fied under subsection (4) of this section. 

(2) At the expiration of the terms of the initial members, all members of 
the board shall be appointed by the Governor, in the same manner and from 
the same districts prescribed in subsection (1) of this section, for terms of six 
(6) years from the expiration of the previous term and thereafter until his or 
her successor is duly appointed. Vacancies in office shall be filled by appoint- 
ment in the same manner as the appointment to the position that becomes 
vacant, subject to the advice and consent of the Senate at the next regular 
session of the Legislature. An appointment to fill a vacancy other than by 
expiration of a term of office shall be for the balance of the unexpired term and 
thereafter until his or her successor is duly appointed. 

(3) The Lieutenant Governor may designate one (1) Senator and the 
Speaker of the House of Representatives may designate one (1) Representative 
to attend any meeting of the State Board of Health. The appointing authorities 
may designate alternate members from their respective houses to serve when 
the regular designees are unable to attend the meetings of the board. Those 
legislative designees shall have no jurisdiction or vote on any matter within 
the jurisdiction of the board. For attending meetings of the board, the 
legislators shall receive per diem and expenses, which shall be paid from the 
contingent expense funds of their respective houses in the same amounts as 
provided for committee meetings when the Legislature is not in session; 
however, no per diem and expenses for attending meetings of the board will be 



Health Boards and Officers § 41-3-1.1 

paid while the Legislature is in session. No per diem and expenses will be paid 
except for attending meetings of the board without prior approval of the proper 
committee in their respective houses. 

(4)(a) All members of the State Board of Health shall file with the 
Mississippi Ethics Commission, before the first day of May each year, the 
statement of economic interest as required by Sections 25-4-25 through 
25-4-29. 

(b) No member of the board shall participate in any action by the board 
or department if that action could have any monetary effect on any business 
with which that member is associated, as defined in Section 25-4-103. 

(c) When any matter in which a member may not participate comes 
before the board or department, that member must fully recuse himself or 
herself from the entire matter. The member shall avoid debating, discussing 
or taking action on the subject matter during official meetings or delibera- 
tions by leaving the meeting room before the matter comes before the board 
and by returning only after the discussion, vote or other action is completed. 
The member shall not discuss the matter with other members, department 
staff or any other person. Any minutes or other record of the meeting shall 
accurately reflect the recusal. If a member is uncertain whether recusal is 
required, the member shall follow the determination of the Mississippi 
Ethics Commission. The commission may delegate that determination to its 
executive director. 

(d) Upon a determination by the board or by any court of competent 
jurisdiction that a member of the board has violated the provisions of this 
subsection (4) regarding recusal, the member shall be removed from office. 
Any member of the board who violates the provisions of this section 
regarding recusal also shall be subject to the penalties set forth in Sections 
25-4-109 through 25-4-117. After removal from office, the member shall not 
be eligible for appointment to any agency, board or commission of the state 
for a period of two (2) years. Nothing in this section shall be construed to 
limit the restrictions codified in Section 25-4-105. 

SOURCES: Laws, 2007, ch. 514, § 2, eff from and after passage (approved Mar. 
30, 2007.) 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Cross References — Mississippi Ethics Commission generally, see §§ 25-4-1 et seq. 

Conflicts of interest generally, see §§ 25-4-101 et seq. 

Executive officer to head State Board of Health, see § 41-3-5.1. 

General powers and duties of executive officer, see § 41-3-15. 

General powers and duties of the State Board of Health, see § 41-3-15. 

Duties of department as lead agency for Early Intervention Act for Infants and 
Toddlers, see §§ 41-87-1 et seq. 



§ 41-3-3 Public Health 

Duties and responsibilities of state board of health in the regulation of hearing aid 
dealers, see §§ 73-14-1 et seq. 

Powers and duties of the State Board of Health with respect to the Mississippi 
Occupational Therapy Practice Act, see § 73-24-1 et. seq. 

§ 41-3-3. Oath of members [Repealed effective June 30, 2010]. 

Each person appointed as a member of the State Board of Health shall 
immediately take the oath prescribed by Section 268 of the Constitution and 
file a certificate thereof in the Office of the Secretary of State. Thereupon a 
commission shall be issued to him under the terms as specified in Section 
41-3-1. 

SOURCES: Codes, 1892, § 2268; 1906, § 2483; Hemingway's 1917, § 4832; 1930, 
§ 4869; 1942, § 7025; Laws, 1924, ch. 313; reenacted without change, Laws, 
1982, ch. 494, § 2; reenacted, Laws, 1990, ch. 568, § 2; reenacted without 
change, Laws, 1994, ch. 462, § 2; reenacted, Laws, 1995, ch. 363, § 2; 
reenacted without change, Laws, 2001, ch. 420, § 2; reenacted without 
change, Laws, 2007, ch. 514, § 3, eff from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment reenacted the section without change. 

Cross References — Official oath, generally, see §§ 25-1-9, 25-1-11. 

§ 41-3-4. Chairman and vice-chairman; meetings; automatic 
termination of members' terms of office for nonattendance; 
compensation [Repealed effective June 30, 2010]. 

(1) There shall be a Chairman and Vice Chairman of the State Board of 
Health elected by and from its membership at the first meeting of the board; 
and the chairman shall be the presiding officer of the board. The chairman 
shall always be a physician member of the board. The board shall adopt rules 
and regulations governing times and places for meetings, and governing the 
manner of conducting its business. The board shall meet not less frequently 
than once each quarter, and at such other times as determined to be necessary. 
The term of office of any member who does not attend three (3) consecutive 
regular meetings of the board shall be automatically terminated, and the 
position shall be considered as vacant, except in cases of the serious illness of 
a board member or of his or her immediate family member. All meetings of the 
board shall be called by the chairman or by a majority of the members of the 
board, except the first meeting of the initial members of the reconstituted 
board, which shall be called by the Governor. 

(2) The members of the board shall receive no annual salary but shall 
receive per diem compensation as is authorized by law for each day devoted to 
the discharge of official board duties and shall be entitled to reimbursement for 

8 



Health Boards and Officers § 41-3-5.1 

all actual and necessary expenses incurred in the discharge of their duties, 
including mileage as authorized by Section 25-3-41. 

SOURCES: Laws, 1980, ch. 465, § 2; Laws, 1980, ch. 560, § 31; reenacted without 
change, Laws, 1982, ch. 494, § 3; reenacted, Laws, 1990, ch. 568, § 3; 
reenacted without change, Laws, 1994, ch. 462, § 3; reenacted, Laws, 1995, 
ch. 363, § 3; reenacted without change, Laws, 2001, ch. 420, § 3; reenacted 
and amended, Laws, 2007, ch. 514, § 4, eff from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment reenacted and amended the section by, 
in (1), adding the second and fourth sentences, rewriting the fifth sentence, and 
substituting "initial members of the reconstituted board" for "original appointees" in the 
last sentence. 

Cross References — For provision authorizing uniform per diem compensation of 
officers and employees of state boards, commissions and the like, see § 25-3-69. 

§ 41-3-5. Repealed. 

Repealed by Laws of 2007, ch. 514, § 1, eff June 30, 2007. 

§ 41-3-5. [Codes, 1892, § 2269; 1906, § 2484; Hemingway's 1917, § 4833; 
1930, § 4870; 1942, § 7026; Laws, 1924, ch. 313; Laws, 1944, ch. 270; Laws, 
1948, ch. 395, § 1; Laws, 1958, ch. 360; Laws, 1966, ch. 445, § 19; Laws, 1977, 
ch. 404; Laws, 1978, ch. 520, § 10; Laws, 1980, ch. 465, § 3; reenacted and 
amended, Laws, 1982, ch. 494, § 4; reenacted, Laws, 1990, ch. 568, § 4; 
reenacted without change, Laws, 1994, ch. 462, § 4; reenacted, Laws, 1995, ch. 
363, § 4; reenacted without change, Laws, 2001, ch. 420, § 4, eff from and 
after June 30, 2001.] 

Editor's Note — Former § 41-3-5 related to the election, qualifications, authority 
and responsibilities of the executive officer of the State Board of Health. 

For repeal date of this section, see § 41-3-20; a former repeal provision was contained 
in § 41-3-30. 

Cross References — Appointment and dismissal of employees of state health 
department, see § 41-3-15. 

Power of the executive officer of the board of health to appoint a county health officer, 
see § 41-3-37. 

Reports of communicable and infectious diseases, see § 41-23-1. 

General powers of director under Safe Drinking Water Law of 1976, see § 41-26-19. 

Tuberculosis control, see §§ 41-33-1 et seq. 

§ 41-3-5.1. Executive officer; qualifications; term of office; re- 
moval [Repealed effective June 30, 2010]. 

The State Department of Health shall be headed by an executive officer 
who shall be appointed by the State Board of Health. The executive officer shall 
be either a physician who has earned a graduate degree in public health or 

9 



§ 41-3-6 Public Health 

health-care administration, or a physician who in the opinion of the board is 
fitted and equipped to execute the duties incumbent upon him or her by law. 
The executive officer shall not engage in the private practice of medicine. The 
term of office of the executive officer shall be six (6) years, and the executive 
officer may be removed for cause by majority vote of the members of the board. 
The executive officer shall be subject to such rules and regulations as may be 
prescribed by the State Board of Health. The executive officer shall be the 
State Health Officer with such authority and responsibility as is prescribed by 
law. 

SOURCES: Laws, 2007, ch. 514, § 5, eff from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Cross References — General powers and duties of executive officer of the state 
department of health, see § 41-3-15. 

Power of the executive officer of the board of health to appoint a county health officer, 
see § 41-3-37. 

Reports of communicable and infectious diseases, see § 41-23-1. 

General powers of director under Safe Drinking Water Law of 1976, see § 41-26-19. 

Tuberculosis control, see §§ 41-33-1 et seq. 

§ 41-3-6. State Board of Health to review existing legislation 
pertaining to public health and to submit new legislation 
[Repealed effective June 30, 2010]. 

It shall be the duty of the State Board of Health to review the statutes of 
the State of Mississippi affecting public health and submit at least thirty (30) 
days prior to each regular session of the Legislature any proposed legislation 
as may be necessary to enhance the effective and efficient delivery of public 
health services and to bring existing statutes into compliance with modern 
technology and terminology. The board shall formulate a plan for consolidating 
and reorganizing existing state agencies having responsibilities in the field of 
public health to eliminate any needless duplication in services which may be 
found to exist. In carrying out the provisions of this section, the State Board of 
Health shall cooperate with and may utilize the services, facilities and 
personnel of any department or agency of the state, any private citizen task 
force and the committees on public health of both houses of the Legislature. 
The State Board of Health is authorized to apply for and expend funds made 
available to it by grant from any source in order to perform its responsibilities 
under this section. 

SOURCES: Laws, 1980, ch. 465, § 4; reenacted without change, 1982, ch. 494, 
§ 5; reenacted, Laws, 1990, ch. 568, § 5; reenacted without change, Laws, 
1994, ch. 462, § 5; reenacted, Laws, 1995, ch. 363, § 5; reenacted without 

10 



Health Boards and Officers § 41-3-15 

change, Laws, 2001, ch. 420, § 5; reenacted without change, Laws, 2007, ch. 
514, § 6, eff from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment reenacted the section without change. 

§ 41-3-7. Repealed. 

Repealed by Laws 1982, ch. 494, § 16, eff from and after July 1, 1982. 

[Codes, 1892, § 2279; 1906, §§ 2485, 2497; Hemingway's 1917, §§ 4834, 
4846; 1930, §§ 4871, 4883; 1942, §§ 7027, 7039; Laws, 1896, ch. 68; Laws, 
1898, p. 93; Laws, 1976, ch. 388; Laws, 1980, ch. 458, § 4] 

Editor's Note — Former § 41-3-7 authorized the establishment of a state board of 
medical licensure executive committee. 

§§ 41-3-9 through 41-3-13. Repealed. 

Repealed by Laws, 1980, ch. 465, § 6, eff from and after July 1, 1980. 

§ 41-3-9. [Laws, 1960, ch. 351, § 1; Laws, 1966, 456, § 1] 

§ 41-3-11. [Codes 1892, § 2270; 1906, § 2486; Hemingway's 1917, § 4835; 
1930, § 4872; 1942, § 7028] 

§ 41-3-13. [Codes, 1892, §§ 2282-2284; 1906, §§ 2506-2508; Hemingway's 
1917, §§ 4855-4857; 1930, §§ 4892-4894; 1942, §§ 7048-7050; Laws, 1960, ch. 
351, §§ 2, 3] 

Editor's Note — Former § 41-3-9 required the Governor to appoint a milk advisory 
committee to advise with the State Board of Health on regulations for the production, 
handling and processing of milk and milk products. 

Former § 41-3-11 related to meetings of the State Board of Health. 

Former § 41-3-13 related to the compensation and expenses of members of the State 
Board of Health and the milk advisory committee and provided for the method of 
payment. 

§ 41-3-15. General powers, duties and authority of State 
Board of Health; general powers and duties of executive 
director; establishment of office of rural health [Repealed 
effective June 30, 2010]. 

(l)(a) There shall be a State Department of Health. 

(b) The State Board of Health shall have the following powers and 
duties: 

(i) To formulate the policy of the State Department of Health regard- 
ing public health matters within the jurisdiction of the department; 

11 



§ 41-3-15 Public Health 

(ii) To adopt, modify, repeal and promulgate, after due notice and 
hearing, and enforce rules and regulations implementing or effectuating 
the powers and duties of the department under any and all statutes within 
the department's jurisdiction, and as the board may deem necessary; 

(iii) To apply for, receive, accept and expend any federal or state funds 
or contributions, gifts, trusts, devises, bequests, grants, endowments or 
funds from any other source or transfers of property of any kind; 

(iv) To enter into, and to authorize the executive officer to execute, 
contracts, grants and cooperative agreements with any federal or state 
agency or subdivision thereof, or any public or private institution located 
inside or outside the State of Mississippi, or any person, corporation or 
association in connection with carrying out the provisions of this chapter, 
if it finds those actions to be in the public interest and the contracts or 
agreements do not have a financial cost that exceeds the amounts 
appropriated for those purposes by the Legislature; 

(v) To appoint, upon recommendation of the Executive Officer of the 
State Department of Health, a Director of Internal Audit who shall be 
either a Certified Public Accountant or Certified Internal Auditor, and 
whose employment shall be continued at the discretion of the board, and 
who shall report directly to the board, or its designee; and 

(vi) To discharge such other duties, responsibilities and powers as are 
necessary to implement the provisions of this chapter. 

(c) The Executive Officer of the State Department of Health shall have 
the following powers and duties: 

(i) To administer the policies of the State Board of Health within the 
authority granted by the board; 

(ii) To supervise and direct all administrative and technical activities 
of the department, except that the department's internal auditor shall be 
subject to the sole supervision and direction of the board; 

(iii) To organize the administrative units of the department in accor- 
dance with the plan adopted by the board and, with board approval, alter 
the organizational plan and reassign responsibilities as he or she may 
deem necessary to carry out the policies of the board; 

(iv) To coordinate the activities of the various offices of the depart- 
ment; 

(v) To employ, subject to regulations of the State Personnel Board, 
qualified professional personnel in the subject matter or fields of each 
office, and such other technical and clerical staff as may be required for the 
operation of the department. The executive officer shall be the appointing 
authority for the department, and shall have the power to delegate the 
authority to appoint or dismiss employees to appropriate subordinates, 
subject to the rules and regulations of the State Personnel Board; 

(vi) To recommend to the board such studies and investigations as he 
or she may deem appropriate, and to carry out the approved recommen- 
dations in conjunction with the various offices; 

(vii) To prepare and deliver to the Legislature and the Governor on or 
before January 1 of each year, and at such other times as may be required 

12 



Health Boards and Officers § 41-3-15 

by the Legislature or Governor, a full report of the work of the department 
and the offices thereof, including a detailed statement of expenditures of 
the department and any recommendations the board may have; 

(viii) To prepare and deliver to the Chairmen of the Public Health and 
Welfare/Human Services Committees of the Senate and House on or before 
January 1 of each year, a plan for monitoring infant mortality in 
Mississippi and a full report of the work of the department on reducing 
Mississippi's infant mortality and morbidity rates and improving the 
status of maternal and infant health; and 

(ix) To enter into contracts, grants and cooperative agreements with 
any federal or state agency or subdivision thereof, or any public or private 
institution located inside or outside the State of Mississippi, or any person, 
corporation or association in connection with carrying out the provisions of 
this chapter, if he or she finds those actions to be in the public interest and 
the contracts or agreements do not have a financial cost that exceeds the 
amounts appropriated for those purposes by the Legislature. Each con- 
tract or agreement entered into by the executive officer shall be submitted 
to the board before its next meeting. 

(2) The State Board of Health shall have the authority to establish an 
Office of Rural Health within the department. The duties and responsibilities 
of this office shall include the following: 

(a) To collect and evaluate data on rural health conditions and needs; 

(b) To engage in policy analysis, policy development and economic 
impact studies with regard to rural health issues; 

(c) To develop and implement plans and provide technical assistance to 
enable community health systems to respond to various changes in their 
circumstances; 

(d) To plan and assist in professional recruitment and retention of 
medical professionals and assistants; and 

(e) To establish information clearinghouses to improve access to and 
sharing of rural health-care information. 

(3) The State Board of Health shall have general supervision of the health 
interests of the people of the state and to exercise the rights, powers and duties 
of those acts which it is authorized by law to enforce. 

(4) The State Board of Health shall have authority: 

(a) To make investigations and inquiries with respect to the causes of 
disease and death, and to investigate the effect of environment, including 
conditions of employment and other conditions that may affect health, and to 
make such other investigations as it may deem necessary for the preserva- 
tion and improvement of health. 

(b) To make such sanitary investigations as it may, from time to time, 
deem necessary for the protection and improvement of health and to 
investigate nuisance questions that affect the security of life and health 
within the state. 

(c) To direct and control sanitary and quarantine measures for dealing 
with all diseases within the state possible to suppress same and prevent 
their spread. 

13 



§ 41-3-15 Public Health 

(d) To obtain, collect and preserve such information relative to mortal- 
ity, morbidity, disease and health as may be useful in the discharge of its 
duties or may contribute to the prevention of disease or the promotion of 
health in this state. 

(e) To charge and collect reasonable fees for health services, including 
immunizations, inspections and related activities, and the board shall 
charge fees for those services; provided, however, if it is determined that a 
person receiving services is unable to pay the total fee, the board shall collect 
any amount that the person is able to pay. 

(f)(i) To establish standards for, issue permits and exercise control over, 
any cafes, restaurants, food or drink stands, sandwich manufacturing 
establishments, and all other establishments, other than churches, 
church-related and private schools, and other nonprofit or charitable 
organizations, where food or drink is regularly prepared, handled and 
served for pay; and 

(ii) To require that a permit be obtained from the Department of 
Health before those persons begin operation. If any such person fails to 
obtain the permit required in this subparagraph (ii), the State Board of 
Health, after due notice and opportunity for a hearing, may impose a 
monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each 
violation. However, the department is not authorized to impose a mone- 
tary penalty against any person whose gross annual prepared food sales 
are less than Five Thousand Dollars ($5,000.00). Money collected by the 
board under this subparagraph (ii) shall be deposited to the credit of the 
State General Fund of the State Treasury. 

(g) To promulgate rules and regulations and exercise control over the 
production and sale of milk pursuant to the provisions of Sections 75-31-41 
through 75-31-49. 

(h) On presentation of proper authority, to enter into and inspect any 
public place or building where the State Health Officer or his representative 
deems it necessary and proper to enter for the discovery and suppression of 
disease and for the enforcement of any health or sanitary laws and 
regulations in the state. 

(i) To conduct investigations, inquiries and hearings, and to issue 
subpoenas for the attendance of witnesses and the production of books and 
records at any hearing when authorized and required by statute to be 
conducted by the State Health Officer or the State Board of Health. 

(j) To promulgate rules and regulations, and to collect data and infor- 
mation, on (i) the delivery of services through the practice of telemedicine; 
and (ii) the use of electronic records for the delivery of telemedicine services. 
(k) To enforce and regulate domestic and imported fish as authorized 
under Section 69-7-601 et seq. 

(5)(a) The State Board of Health shall have the authority, in its discretion, 
to establish programs to promote the public health, to be administered by 
the State Department of Health. Specifically, those programs may include, 
but shall not be limited to, programs in the following areas: 

14 



Health Boards and Officers § 41-3-15 

(i) Maternal and child health; 

(ii) Family planning; 

(hi) Pediatric services; 

(iv) Services to crippled and disabled children; 

(v) Control of communicable and noncommunicable disease; 

(vi) Chronic disease; 

(vii) Accidental deaths and injuries; 

(viii) Child care licensure; 

(ix) Radiological health; 

(x) Dental health; 

(xi) Milk sanitation; 

(xii) Occupational safety and health; 

(xiii) Food, vector control and general sanitation; 

(xiv) Protection of drinking water; 

(xv) Sanitation in food handling establishments open to the public; 

(xvi) Registration of births and deaths and other vital events; 

(xvii) Such public health programs and services as may be assigned to 
the State Board of Health by the Legislature or by executive order; and 

(xviii) Regulation of domestic and imported fish for human consump- 
tion. 

(b) The State Board of Health and State Department of Health shall not 
be authorized to sell, transfer, alienate or otherwise dispose of any of the 
home health agencies owned and operated by the department on January 1, 
1995, and shall not be authorized to sell, transfer, assign, alienate or 
otherwise dispose of the license of any of those home health agencies, except 
upon the specific authorization of the Legislature by an amendment to this 
section. However, this paragraph (b) shall not prevent the board or the 
department from closing or terminating the operation of any home health 
agency owned and operated by the department, or closing or terminating any 
office, branch office or clinic of any such home health agency, or otherwise 
discontinuing the providing of home health services through any such home 
health agency, office, branch office or clinic, if the board first demonstrates 
that there are other providers of home health services in the area being 
served by the department's home health agency, office, branch office or clinic 
that will be able to provide adequate home health services to the residents 
of the area if the department's home health agency, office, branch office or 
clinic is closed or otherwise discontinues the providing of home health 
services. This demonstration by the board that there are other providers of 
adequate home health services in the area shall be spread at length upon the 
minutes of the board at a regular or special meeting of the board at least 
thirty (30) days before a home health agency, office, branch office or clinic is 
proposed to be closed or otherwise discontinue the providing of home health 
services. 

(c) The State Department of Health may undertake such technical 
programs and activities as may be required for the support and operation of 
those programs, including maintaining physical, chemical, bacteriological 

15 



§ 41-3-15 Public Health 

and radiological laboratories, and may make such diagnostic tests for 
diseases and tests for the evaluation of health hazards as may be deemed 
necessary for the protection of the people of the state. 

(6)(a) The State Board of Health shall administer the local governments 
and rural water systems improvements loan program in accordance with the 
provisions of Section 41-3-16. 

(b) The State Board of Health shall have authority: 

(i) To enter into capitalization grant agreements with the United 
States Environmental Protection Agency, or any successor agency thereto; 
(ii) To accept capitalization grant awards made under the federal 
Safe Drinking Water Act, as amended; 

(iii) To provide annual reports and audits to the United States 
Environmental Protection Agency, as may be required by federal capital- 
ization grant agreements; and 

(iv) To establish and collect fees to defray the reasonable costs of 
administering the revolving fund or emergency fund if the State Board of 
Health determines that those costs will exceed the limitations established 
in the federal Safe Drinking Water Act, as amended. The administration 
fees may be included in loan amounts to loan recipients for the purpose of 
facilitating payment to the board; however, those fees may not exceed five 
percent (5%) of the loan amount. 

SOURCES: Codes, 1892, § 2271; 1906, § 2487; Hemingway's 1917, § 4836; 1930, 
§ 4873; 1942, § 7029; Laws, 1968, ch. 441, § 2; Laws, 1971, ch. 378, § 1; 
reenacted and amended, Laws, 1982, ch. 494, § 6; Laws, 1983, ch. 522, § 1; 
Laws, 1986, ch. 371, § 1; Laws, 1986, ch. 500, § 22; Laws, 1987, ch. 512, § 5; 
Laws, 1988, ch. 395, § 4; Laws, 1988, ch. 573; reenacted and amended, Laws, 
1990, ch. 568, § 6; Laws, 1992, ch. 495, § 1; reenacted and amended, Laws, 

1994, ch. 462, § 6; reenacted and amended, Laws, 1995, ch. 363, § 6; Laws, 

1995, ch. 521, § 21; Laws, 1997, ch. 523, § 2; Laws, 1998, ch. 332, § 1; 
reenacted without change, Laws, 2001, ch. 420, § 6; Laws, 2002, ch. 506, § 8; 
Laws, 2006, ch. 489, § 1; Laws, 2007, ch. 342, § 1; reenacted and amended, 
Laws, 2007, ch. 514, § 7, eff from and after June 30, 2007. 

Joint Legislative Committee Note — Section 1 of ch. 342, Laws of 2007, effective 
July 1, 2007 (approved March 14, 2007), amended this section. Section 7 of ch. 514, 
Laws of 2007, effective June 30, 2007 (approved March 30, 2007), also amended this 
section. As set out above, this section reflects the language of Section 7 of ch. 514, Laws 
of 2007, which contains language that specifically provides that it supersedes § 41-3-15 
as amended by Laws of 2007, ch. 342. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Sections 75-31-41 through 75-31-49, referred to in (4)(g), were repealed by Laws of 
1999, ch. 439, § 2, eff from and after July,l, 1999. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The first 2007 amendment (ch. 342) extended the date of the 
repealer in (4)(i)(ii) from "July 1, 2007" to "July 1, 2009." 

The second 2007 amendment (ch. 514) rewrote the section to clarify the general 
authority of the State Board of Health and the State Board of Health executive officer. 

16 



Health Boards and Officers § 41-3-15 

Cross References — Implied waiver of the medical privilege of patients regarding 
the release of medical information required to be reported by this section, see § 13-1-21. 

Duties in connection with solid waste disposal pursuant to joint agreements between 
counties and municipalities, see §§ 17-17-1 et seq. 

Powers and duties of the state board of health with regard to the Municipal and 
Domestic Water and Wastewater System Operator's Certification Act of 1986, see 
§ 21-27-207. 

State Administrative Procedures Law, see §§ 25-43-1.101 et seq. 

Power of state board of health to require physical examinations of school employees, 
see § 37-11-17. 

County health officer, see § 41-3-37. 

County departments of health, see §§ 41-3-43, 41-3-45, 41-3-49 through 41-3-53. 

Municipal health boards, see § 41-3-57. 

Provision that, for purposes of §§ 41-7-171 et seq., "State Department of Health" 
shall mean the state agency created under this section, which shall be considered to be 
the State Health Planning and Development Agency, see § 41-7-173. 

Role of State Department of Health in granting of certificate of need required to be 
obtained by certain health care service providers, see § 41-7-191. 

Provision making hospital records the property of the hospital subject to access by 
health officials in the discharge of their duties pursuant to this section, see § 41-9-65. 

Disinfection and sanitation of buildings, see §§ 41-25-1 et seq. 

Promulgation of Primary Drinking Water Regulations by state board of health, see 
§ 41-26-5. 

Bureau of drug enforcement under Uniform Controlled Substances Law, see §§ 41- 
29-101 et seq. 

Regulation of hotels and innkeepers by state board of health, see §§ 41-49-1 et seq. 

Animal and poultry byproducts disposal or rendering plants, see §§ 41-51-1 et seq. 

Rabies inoculation of dogs and cats, see §§ 41-53-1 et seq. 

Establishment and administration of program of emergency medical services, see 
§ 41-59-5. 

Powers and duties of the state board of health to administer disbursements from the 
emergency medical services operating fund, see §§ 41-59-5 and 41-59-61. 

Role of State Department of Health in regulating onsite wastewater disposal 
systems, see §§ 41-67-3 et seq. 

Duties of department with respect to Mississippi Hospice Law of 1990, see § 41-85-7. 

State Department of Health to provide administrative support for the Child Death 
Review Panel, see § 41-111-1. 

Regulation of institutions for aged and infirm, see §§ 43-11-1 et seq. 

Designation of state board of health as agency to administer state-wide radiation 
protection program, see § 45-14-7. 

Powers and duties of the board with regard to transportation of radioactive waste, see 
§§ 45-14-51 et seq. 

Health and safety regulations for rock festivals, see § 45-21-11. 

Powers and duties of the board under the Mississippi Boiler and Pressure Vessel 
Safety Law of 1974, see §§ 45-23-1 et seq. 

Authorization for State Board of Health to limit sale of oysters for human consump- 
tion, see § 49-15-15. 

Membership on board of directors of Pearl River Valley Water Supply District, see 
§ 51-9-107. 

Assistance by State Board of Health in making relevant information available to 
Cooperative Extension Service for information clearinghouse assisting farmers, see 
§ 69-2-5. 

Sanitary regulations for barber shops, see § 73-5-7. 

Review by State Board of Health of rules and regulations relating to sanitation 
promulgated by state board of cosmetology, see § 73-7-7. 

17 



§ 41-3-15 



Public Health 



Powers and duties of the State Board of Health with respect to the Mississippi 
Occupational Therapy Practice Act, see § 73-24-1 et seq. 

Powers and duties of state board with regard to restrictions on license to practice of 
physicians under disabled physician law, see §§ 73-25-51 et seq. 

Duties of the board of health with respect to anhydrous ammonia storage facilities, 
see § 75-57-31. 

Duties of state board of health under Mississippi Youth Camp Safety and Health Law, 
see §§ 75-74-1 et seq. 

Regulation of nonprofit dental service associations, see §§ 83-43-1 et seq. 

Federal Aspects — Federal Safe Drinking Water Act, see 42 USCS §§ 300f et seq. 

JUDICIAL DECISIONS 



I. Under Current Law. 

1. In general. 

2.-5. [Reserved for future use]. 

II. Under Former § 41-3-21. 

6. Constitutionality. 

I. Under Current Law. 

1. In general. 

Mississippi Board of Health Regulation, 
excluding milk from another state unless 
such other state accepted Mississippi milk 
on a reciprocal basis, unduly burdened 
interstate commerce and could not be jus- 
tified either as a permissible exercise of 
state power in maintaining health stan- 
dards, particularly since such milk was 
excluded regardless of whether it met 
health standards, or as a free trade provi- 
sion promoting trade between the states. 
Great Atl. & Pac. Tea Co. v. Cottrell, 424 
U.S. 366, 96 S. Ct. 923, 47 L. Ed. 2d 55 
(1976). 

Contents of the records of the director of 
the state hygienic laboratory as to the 
result of a blood test were admissible in a 
suit for damages for negligent burns of 
X-ray machine where it was not shown 
that proffered evidence pertained to a 
blood specimen of plaintiff. Unger v. 



Grimsley, 138 Miss. 591, 103 So. 341 
(1925). 

The law creating the state board of 
health held to be constitutional under the 
police power of the state. Hawkins v. 
Hoye, 108 Miss. 282, 66 So. 741 (1914), 
error overruled, 66 So. 1015 (Miss. 1915). 

An ordinance of the board of health 
requiring that milk cows used in the dairy 
business be examined is valid; it does not 
violate either the federal or state consti- 
tution. Hawkins v. Hoye, 108 Miss. 282, 66 
So. 741 (1914), error overruled, 66 So. 
1015 (Miss. 1915). 

2.-5. [Reserved for future use]. 

II. Under Former § 41-3-21. 

6. Constitutionality. 

A case holding that this section [Code 
1942, § 7032] as it appeared as Heming- 
way Code 1927, § 5517 with reference to 
removal of county health officer without 
notice or cause was unconstitutional. Mis- 
sissippi State Bd. of Health v. Matthews, 
113 Miss. 510, 74 So. 417 (1917). 

The county health officer is a public 
officer and cannot be removed by the state 
board of health without cause, notice or 
hearing. Ware v. State, 111 Miss. 599, 71 
So. 868 (1916), error overruled, 72 So. 237 
(Miss. 1916). 



ATTORNEY GENERAL OPINIONS 



Based on the requirement set forth in 
Section 41-67-23 that the Department of 
Health inspect wastewater systems at the 
behest of the property owner, or his 
lender, coupled with the authority to 
charge and collect reasonable fees for 



health services as set out in Section 41-3- 
15(4)(f), the Department of Health may 
recoup actual costs associated with its 
obligations imposed in Section 41-67-23. 
Thompson, April 18, 1995, A.G. Op. #95- 
0240. 



18 



Health Boards and Officers § 41-3-16 

RESEARCH REFERENCES 

ALR. Liability for retaliation against Am Jur. 39 Am. Jur. 2d, Health §§ 1 et 

at-will employee for public complaints or seq. 

efforts relating to health or safety. 75 CJS. 39A C.J.S., Health and Environ- 

A.L.R.4th 13. ment §§ 20 et seq. 

Propriety of prophylactic availability 
programs. 52 A.L.R.5th 477. 

§ 41-3-16. Local governments and rural water systems im- 
provements revolving loan and grant program [Repealed 
effective June 30, 2010]. 

(l)(a) There is established a local governments and rural water systems 
improvements revolving loan and grant program to be administered by the 
State Department of Health, referred to in this section as "department," for 
the purpose of assisting counties, incorporated municipalities, districts or 
other water organizations that have been granted tax exempt status under 
either federal or state law, in making improvements to their water systems, 
including construction of new water systems or expansion or repair of 
existing water systems. Loan and grant proceeds may be used by the 
recipient for planning, professional services, acquisition of interests in land, 
acquisition of personal property, construction, construction-related services, 
maintenance, and any other reasonable use which the board, in its discre- 
tion, may allow. For purposes of this section, "water systems" has the same 
meaning as the term "public water system" under Section 41-26-3. 

(b)(i) There is created a board to be known as the "Local Governments 
and Rural Water Systems Improvements Board," referred to in this section 
as "board," to be composed of the following nine (9) members: the State 
Health Officer, or his designee, who shall serve as chairman of the board; 
the Executive Director of the Mississippi Development Authority, or his 
designee; the Executive Director of the Department of Environmental 
Quality, or his designee; the Executive Director of the Department of 
Finance and Administration, or his designee; the Executive Director of the 
Mississippi Association of Supervisors, or his designee; the Executive 
Director of the Mississippi Municipal League, or his designee; the Execu- 
tive Director of the American Council of Engineering Companies of 
Mississippi, or his designee; the State Director of the United States 
Department of Agriculture, Rural Development, or his designee; and a 
manager of a rural water system. 

The Governor shall appoint a manager of a rural water system from 
a list of candidates provided by the Executive Director of the Mississippi 
Rural Water Association. The Executive Director of the Mississippi Rural 
Water Association shall provide the Governor a list of candidates which 
shall contain a minimum of three (3) candidates for each appointment. 

(ii) Nonappointed members of the board may designate another 
representative of their agency or association to serve as an alternate. 

19 



§ 41-3-16 Public Health 

(iii) The gubernatorial appointee shall serve a term concurrent with 
the term of the Governor and until a successor is appointed and qualified. 
No member, officer or employee of the Board of Directors of the Mississippi 
Rural Water Association shall be eligible for appointment. 

(c) The department, if requested by the board, shall furnish the board 
with facilities and staff as needed to administer this section. The department 
may contract, upon approval by the board, for those facilities and staff 
needed to administer this section, including routine management, as it 
deems necessary. The board may advertise for or solicit proposals from 
public or private sources, or both, for administration of this section or any 
services required for administration of this section or any portion thereof. It 
is the intent of the Legislature that the board endeavor to ensure that the 
costs of administration of this section are as low as possible in order to 
provide the water consumers of Mississippi safe drinking water at affordable 
prices. 

(d) Members of the board may not receive any salary, compensation or 
per diem for the performance of their duties under this section. 

(2)(a) There is created a special fund in the State Treasury to be 
designated as the "Local Governments and Rural Water Systems Improve- 
ments Revolving Loan Fund," referred to in this section as "revolving fund," 
which fund shall consist of those monies as provided in Sections 6 and 13 of 
Chapter 521, Laws of 1995. The revolving fund may receive appropriations, 
bond proceeds, grants, gifts, donations or funds from any source, public or 
private. The revolving fund shall be credited with all repayments of principal 
and interest derived from loans made from the revolving fund. The monies 
in the revolving fund may be expended only in amounts appropriated by the 
Legislature, and the different amounts specifically provided for the loan 
program and the grant program shall be so designated. Monies in the fund 
may only be expended for the grant program from the amount designated for 
such program. The revolving fund shall be maintained in perpetuity for the 
purposes established in this section and Sections 6 through 20 of Chapter 
521, Laws of 1995. Unexpended amounts remaining in the revolving fund at 
the end of a fiscal year shall not lapse into the State General Fund, and any 
interest earned on amounts in the revolving fund shall be deposited to the 
credit of the fund. Monies in the revolving fund may not be used or expended 
for any purpose except as authorized under this section and Sections 6 
through 20 of Chapter 521, Laws of 1995. Any monies in the fund may be 
used to match any federal funds that are available for the same or related 
purposes for which funds are used and expended under this section and 
Sections 6 through 20 of Chapter 521, Laws of 1995. Any federal funds shall 
be used and expended only in accordance with federal laws, rules and 
regulations governing the expenditure of those funds. No person shall use 
any monies from the revolving fund for the acquisition of real property or 
any interest in real property unless that property is integral to the project 
funded under this section and the purchase is made from a willing seller. No 
county, incorporated municipality or district shall acquire any real property 

20 



Health Boards and Officers § 41-3-16 

or any interest in any real property for a project funded through the 
revolving fund by condemnation. The board's application of Sections 43-37-1 
through 43-37-13 shall be no more stringent or extensive in scope, coverage 
and effect than federal property acquisition laws and regulations. 

(b) There is created a special fund in the State Treasury to be desig- 
nated as the "Local Governments and Rural Water Systems Emergency 
Loan Fund," hereinafter referred to as "emergency fund," which fund shall 
consist of those monies as provided in Sections 6 and 13 of Chapter 521, 
Laws of 1995. The emergency fund may receive appropriations, bond 
proceeds, grants, gifts, donations or funds from any source, public or private. 
The emergency fund shall be credited with all repayments of principal and 
interest derived from loans made from the emergency fund. The monies in 
the emergency fund may be expended only in amounts appropriated by the 
Legislature. The emergency fund shall be maintained in perpetuity for the 
purposes established in this section and Section 6 of Chapter 521, Laws of 
1995. Unexpended amounts remaining in the emergency fund at the end of 
a fiscal year shall not lapse into the State General Fund. Any interest earned 
on amounts in the emergency fund shall be deposited to the credit of the 
fund. Monies in the emergency fund may not be used or expended for any 
purpose except as authorized under this section and Section 6 of Chapter 
521, Laws of 1995. 

(c) The board created in subsection (1) shall establish loan and grant 
programs by which loans and grants may be made available to counties, 
incorporated municipalities, districts or other water organizations that have 
been granted tax exempt status under either federal or state law, to assist 
those counties, incorporated municipalities, districts or water organizations 
in making water systems improvements, including the construction of new 
water systems or expansion or repair of existing water systems. Any entity 
eligible under this section may receive either a loan or a grant, or both. No 
grant awarded under the program established in this section may be made 
using funds from the loan program. Grants may be awarded only when the 
Legislature specifically appropriates funds for that particular purpose. The 
interest rate on those loans may vary from time to time and from loan to 
loan, and will be at or below market interest rates as determined by the 
board. The board shall act as quickly as is practicable and prudent in 
deciding on any loan request that it receives. Loans from the revolving fund 
or emergency fund may be made to counties, incorporated municipalities, 
districts or other water organizations that have been granted tax exempt 
status under either federal or state law, as set forth in a loan agreement in 
amounts not to exceed one hundred percent (100%) of eligible project costs as 
established by the board. The board may require county, municipal, district 
or other water organization participation or funding from other sources, or 
otherwise limit the percentage of costs covered by loans from the revolving 
fund or the emergency fund. The board may establish a maximum amount 
for any loan from the revolving fund or emergency fund in order to provide 
for broad and equitable participation in the programs. 

21 



§ 41-3-16 Public Health 

(d) A county that receives a loan from the revolving fund or the 
emergency fund shall pledge for repayment of the loan any part of the 
homestead exemption annual tax loss reimbursement to which it may be 
entitled under Section 27-33-77, as may be required to meet the repayment 
schedule contained in the loan agreement. An incorporated municipality 
that receives a loan from the revolving fund or the emergency fund shall 
pledge for repayment of the loan any part of the sales tax revenue 
distribution to which it may be entitled under Section 27-65-75, as may be 
required to meet the repayment schedule contained in the loan agreement. 
All recipients of such loans shall establish a dedicated source of revenue for 
repayment of the loan. Before any county or incorporated municipality shall 
receive any loan, it shall have executed with the State Tax Commission and 
the board a loan agreement evidencing that loan. The loan agreement shall 
not be construed to prohibit any recipient from prepaying any part or all of 
the funds received. The repayment schedule in each loan agreement shall 
provide for (i) monthly payments, (ii) semiannual payments or (hi) other 
periodic payments, the annual total of which shall not exceed the annual 
total for any other year of the loan by more than fifteen percent (15%). 
Except as otherwise provided in subsection (4) of this section, the loan 
agreement shall provide for the repayment of all funds received from the 
revolving fund within not more than fifteen (15) years or a term as otherwise 
allowed by the federal Safe Drinking Water Act, and all funds received from 
the emergency fund within not more than five (5) years from the date of 
project completion, and any repayment shall commence not later than one 
(1) year after project completion. The State Tax Commission shall withhold 
semiannually from counties and monthly from incorporated municipalities 
from the amount to be remitted to the county or municipality, a sum equal 
to the next repayment as provided in the loan agreement. 

(e) Any county, incorporated municipality, district or other water orga- 
nization desiring to construct a project approved by the board which receives 
a loan from the state for that purpose but which is not eligible to pledge for 
repayment under the provisions of paragraph (d) of this subsection, shall 
repay that loan by making payments each month to the State Treasurer 
through the Department of Finance and Administration for and on behalf of 
the board according to Section 7-7-15, to be credited to either the revolving 
fund or the emergency fund, whichever is appropriate, in lieu of pledging 
homestead exemption annual tax loss reimbursement or sales tax revenue 
distribution. 

Loan repayments shall be according to a repayment schedule contained 
in each loan agreement as provided in paragraph (d) of this subsection. 

(f) Any district created pursuant to Sections 19-5-151 through 19-5-207 
that receives a loan from the revolving fund or the emergency fund shall 
pledge for repayment of the loan any part of the revenues received by that 
district pursuant to Sections 19-5-151 through 19-5-207, as may be required 
to meet the repayment schedule contained in the loan agreement. 

(g) The State Auditor, upon request of the board, shall audit the receipts 
and expenditures of a county, an incorporated municipality, district or other 

22 



Health Boards and Officers § 41-3-16 

water organization whose loan repayments appear to be in arrears, and if 
the Auditor finds that the county, incorporated municipality, district or other 
water organization is in arrears in those repayments, the Auditor shall 
immediately notify the chairman of the board who may take any action as 
may be necessary to enforce the terms of the loan agreement, including 
liquidation and enforcement of the security given for repayment of the loan, 
and the Executive Director of the Department of Finance and Administra- 
tion who shall withhold all future payments to the county of homestead 
exemption annual tax loss reimbursements under Section 27-33-77 and all 
sums allocated to the county or the incorporated municipality under Section 
27-65-75 until such time as the county or the incorporated municipality is 
again current in its loan repayments as certified by the board. 

(h) All monies deposited in the revolving fund or the emergency fund, 
including loan repayments and interest earned on those repayments, shall 
be used only for providing loans or other financial assistance to water 
systems as the board deems appropriate. In addition, any amounts in the 
revolving fund or the emergency fund may be used to defray the reasonable 
costs of administering the revolving fund or the emergency fund and 
conducting activities under this section and Sections 6 through 20 of 
Chapter 521, Laws of 1995, subject to any limitations established in the 
federal Safe Drinking Water Act, as amended and subject to annual 
appropriation by the Legislature. The department is authorized, upon 
approval by the board, to use amounts available to it from the revolving fund 
or the emergency fund to contract for those facilities and staff needed to 
administer and provide routine management for the funds and loan pro- 
gram. 

(3) In administering this section and Sections 6 through 20 of Chapter 

521, Laws of 1995, the board created in subsection (1) of this section shall have 

the following powers and duties: 

(a) To supervise the use of all funds made available under this section 
and Sections 6 through 20 of Chapter 521, Laws of 1995, for local govern- 
ments and rural water systems improvements; 

(b) To promulgate rules and regulations, to make variances and excep- 
tions thereto, and to establish procedures in accordance with this section and 
Sections 6 through 20 of Chapter 521, Laws of 1995, for the implementation 
of the local governments and rural water systems improvements revolving 
loan program; 

(c) To require, at the board's discretion, any loan or grant recipient to 
impose a per connection fee or surcharge or amended water rate schedule or 
tariff on each customer or any class of customers, benefiting from an 
improvement financed by a loan or grant made under this section, for 
repayment of any loan funds provided under this section and Sections 6 
through 20 of Chapter 521, Laws of 1995. The board may require any loan or 
grant recipient to undergo a water system viability analysis and may require 
a loan or grant recipient to implement any result of the viability analysis. If 
the loan recipient fails to implement any result of a viability analysis as 

23 



§ 41-3-16 Public Health 

required by the board, the board may impose a monetary penalty or increase 
the interest rate on the loan, or both. If the grant recipient fails to implement 
any result of a viability analysis as required by the board, the board may 
impose a monetary penalty on the grant; 

(d) To review and certify all projects for which funds are authorized to 
be made available under this section and Sections 6 through 20 of Chapter 
521, Laws of 1995, for local governments and rural water systems improve- 
ments; 

(e) To requisition monies in the Local Governments and Rural Water 
Systems Improvements Revolving Loan Fund and the Local Governments 
and Rural Water Systems Emergency Loan Fund and distribute those 
monies on a project-by-prqject basis in accordance with this section; 

(f) To ensure that the funds made available under this section and 
Sections 6 through 20 of Chapter 521, Laws of 1995, to a county, an 
incorporated municipality, a district or a water organization that has been 
granted tax exempt status under either federal or state law provide for a 
distribution of projects and funds among the entities under a priority system 
established by the board; 

(g) To maintain in accordance with generally accepted government 
accounting standards an accurate record of all monies in the revolving fund 
and the emergency fund made available to counties, incorporated munici- 
palities, districts or other water organizations under this section and 
Sections 6 through 20 of Chapter 521, Laws of 1995, and the costs for each 
project; 

(h) To establish policies, procedures and requirements concerning via- 
bility and financial capability to repay loans that may be used in approving 
loans available under this section, including a requirement that all loan 
recipients have a rate structure which will be sufficient to cover the costs of 
operation, maintenance, major equipment replacement and repayment of 
any loans made under this section; and 

(i) To file annually with the Legislature a report detailing how monies 
in the Local Governments and Rural Water Systems Improvements Revolv- 
ing Loan Fund and the Local Governments and Rural Water Systems 
Emergency Loan Fund were spent during the preceding fiscal year in each 
county, incorporated municipality, district or other water organization, the 
number of projects approved and constructed, and the cost of each project. 
For efficient and effective administration of the loan program, revolving 
fund and emergency fund, the board may authorize the department or the 
State Health Officer to carry out any or all of the powers and duties 
enumerated above. 

(4) The board may, on a case-by-case basis and to the extent allowed by 
federal law, renegotiate the payment of principal and interest on loans made 
under this section to the six (6) most southern counties of the state covered by 
the Presidential Declaration of Major Disaster for the State of Mississippi 
(FEMA-1604-DR) dated August 29, 2005, and to incorporated municipalities, 
districts or other water organizations located in such counties; however, the 

24 



Health Boards and Officers § 41-3-16 

interest on the loans shall not be forgiven for a period of more than twenty-four 
(24) months and the maturity of the loans shall not be extended for a period of 
more than forty-eight (48) months. 

SOURCES: Laws, 1995, ch. 521, §§ 1-3; Laws, 1996, ch. 542, § 1; Laws, 1998, ch. 
375, § 1; Laws, 2000, ch. 595, § 1; reenacted without change, Laws, 2001, ch. 
420, § 7; Laws, 2002, ch. 399, § 1; Laws, 2006, ch. 545, § 1; Laws, 2007, ch. 
514, § 8; Laws, 2007, ch. 583, § 1, eff from and after July 1, 2007. 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a publishing error in the first sentence of subsection (3)(c). The words "this act" 
were changed to "this section". The Joint Committee ratified the correction at its June 
3, 2003, meeting. 

Section 8 of ch. 514, Laws of 2007, effective June 30, 2007 (approved March 30, 2007), 
amended this section. Section 1 of ch. 583, Laws of 2007, effective July 1, 2007 
(approved April 21, 2007), also amended this section. As set out above, this section 
reflects the language of Section 1 of ch. 583, Laws of 2007, pursuant to Section 1-3-79 
which provides that whenever the same section of law is amended by different bills 
during the same legislative session, the amendment with the latest effective date shall 
supersede all other amendments to the same section effective on an earlier date. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Effective July 1, 2010, Section 27-3-4 provides that the terms '"Mississippi State Tax 
Commission,' 'State Tax Commission,' 'Tax Commission' and 'commission' appearing in 
the laws of this state in connection with the performance of the duties and functions by 
the Mississippi State Tax Commission, the State Tax Commission or Tax Commission 
shall mean the Department of Revenue." 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Section 7-7-2 provides that the words "State Auditor of Public Accounts," "State 
Auditor" and "Auditor" appearing in the laws of this state in connection with the 
performance of the Auditor's functions shall mean the State Fiscal Officer whenever 
they appear. Section 27-104-6 provides that wherever the term "State Fiscal Officer" 
appears in any law it shall mean "Executive Director of the Department of Finance and 
Administration . " 

Amendment Notes — The first 2007 amendment (ch. 514) reenacted the section 
without change. 

The second 2007 amendment (ch. 583) substituted "American Council of Engineering 
Companies of Mississippi" for "Consulting Engineers Council" near the end of the first 
paragraph of (l)(b)(i); and substituted the present last sentence of (2)(c) for the former 
last sentence, which read: "The maximum amount for any loan from the emergency 
fund shall be Five Hundred Thousand Dollars ($500,000.00), and the maximum amount 
for any loan from the revolving fund shall be One Million Five Hundred Thousand 
Dollars ($1,500,000.00)." 

Cross References — Revenue from certain taxes may be used as security for loan, 
see § 27-65-75. 

Executive officer of the State Health Department to be State Health Officer, see 
§ 41-3-5.1. 

General powers and duties of executive officer, see § 41-3-15. 

Federal Aspects — Safe Drinking Water Act, see 42 USCS §§ 300f et seq. 

25 



§ 41-3-17 Public Health 

RESEARCH REFERENCES 

Am Jur. 78 Am. Jur. 2d, Waters § 140. 

§ 41-3-17. Power to make and publish rules and regulations 
[Repealed effective June 30, 2010]. 

The State Board of Health is authorized to make and publish all reason- 
able rules and regulations necessary to enable it to discharge its duties and 
powers and to carry out the purposes and objectives of its creation. It is further 
authorized to make reasonable sanitary rules and regulations, to be enforced 
in the several counties by the county health officer under the supervision and 
control of the State Board of Health. The State Board of Health shall not make 
or enforce any rule or regulation that prohibits consumers from providing their 
own containers for the purpose of purchasing or accepting water from any 
vending machine or device which niters or treats water that has already been 
tested and determined to meet or exceed the minimum health protection 
standards prescribed for drinking water under the Mississippi Safe Drinking 
Water Law, if that vending machine or device meets or exceeds United States 
Environmental Protection Agency or national automatic merchandising stan- 
dards. 

SOURCES: Codes, 1892, § 2273; 1906, § 2489; Hemingway's 1917, § 4838; 1930, 
§ 4875; 1942, § 7031; Laws, 1968, ch. 441, § 3; reenacted without change, 
Laws, 1982, ch. 494, § 7; reenacted and amended, Laws, 1990, ch. 568, § 7; 
reenacted without change, Laws, 1994, ch. 462, § 7; reenacted, Laws, 1995, 
ch. 363, § 7; Laws, 1996, ch. 516, § 22; reenacted without change, Laws, 
2001, ch. 420, § 8; reenacted without change, Laws, 2007, ch. 514, § 9, eff 
from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment reenacted the section without change. 

Cross References — Powers and duties of the state board of health with regard to 
the Municipal and Domestic Water and Wastewater System Operator's Certification Act 
of 1986, see § 21-27-207. 

Penalty for violation of rules, see § 41-3-59. 

Mississippi Safe Drinking Water Law, see §§ 41-26-1 et seq. 

Regulation of drugs, see §§ 41-29-101 et seq. 

Powers and duties of the State Board of Health with respect to the Mississippi 
Occupational Therapy Practice Act, see §§ 73-24-1 et seq. 

JUDICIAL DECISIONS 

1. In general. morbidity report on the first day of each 

A regulation requiring every licensed month as provided by the rules of the 

physician practicing in the state to file a state board of health is not unreasonable. 

26 



Health Boards and Officers § 41-3-18 

Smythe v. State, 124 Miss. 454, 86 So. 870 regulation, or that publication of such 

(1921). regulation had been made, the defendant 

Where the evidence in the trial of a is entitled to peremptory instructions, 

physician for knowingly violating a rule of Smythe v. State, 124 Miss. 454, 86 So. 870 

the state board of health does not show (1921). 
that the defendant had knowledge of such 

§ 41-3-18. Assessment of fees [Repealed effective June 30, 
2010]. 

(1) The board shall assess fees in the following amounts and for the 
following purposes: 

(a) Food establishment annual permit fee, based on the assessment 
factors of the establishment as follows: 

Assessment Category 1 $ 30.00 

Assessment Category 2 100.00 

Assessment Category 3 150.00 

Assessment Category 4 200.00 

(b) Private water supply approval fee $ 10.00 

The board may develop such reasonable standards, rules and regulations 

to clearly define each assessment category. Assessment categories shall be 
based upon the factors to the public health implications of the category and 
type of food preparation being utilized by the food establishment, utilizing the 
model Food Code of 1995, or as may be amended by the federal Food and Drug 
Administration. 

(2) The fee authorized under subsection (l)(a) of this section shall not be 
assessed for: 

(a) Food establishments operated by public schools, public junior and 
community colleges, or state agencies or institutions, including, without 
limitation, the state institutions of higher learning and the State Peniten- 
tiary; and 

(b) Persons who make infrequent casual sales of honey and who pack or 
sell less than five hundred (500) gallons of honey per year, and those persons 
shall not be inspected by the State Department of Health unless requested 
by the producer. 

(3) The fee authorized under subsection (1) (b) of this section shall not be 
assessed for private water supplies used by foster homes licensed by the 
Department of Human Services. 

SOURCES: Laws, 1986, ch. 371, § 2; Laws, 1988, ch. 395, § 5; Laws, 1989, ch. 313, 
§ 1; Laws, 1989, ch. 547, § 1; reenacted, Laws, 1990, ch. 568, § 8; Laws, 1991, 
ch. 606, § 1; reenacted without change, Laws, 1994, ch. 462, § 8; reenacted, 
Laws, 1995, ch. 363, § 8; Laws, 1997, ch. 427, § 1; reenacted without change, 
Laws, 2001, ch. 420, § 9; reenacted and amended, Laws, 2007, ch. 514, § 10; 
Laws, 2008, ch. 315, § 1; Laws, 2009, ch. 331, § 1, eff from and after July 1, 
2009. 

Editor's Note — For repeal date of this section, see § 41-3-20. 
Laws of 2007, ch. 514, § 22 provides as follows: 

27 



§ 41-3-19 Public Health 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment in (a), substituted the permit fee of 
"$30.00" for "$15.00" in Category 1, "1Q0.00" for "30.00" in Category 2, "150.00" for 
"70.00" in Category 3, "200.00" for "150.00" in Category 4 and deleted "Assessment 
Category 5.. .$150.00." 

The 2008 amendment added the last paragraph. 

The 2009 amendment rewrote the section to exempt certain persons from inspection 
by the State Department of Health unless requested by the producer. 

RESEARCH REFERENCES 

AmJur.39Am. Jur. 2d, Health §§ 109, CJS. 39A C.J.S., Health & Environ- 

110. ment §§ 95-100. 

§ 41-3-19. Report to the Governor [Repealed effective June 
30, 2010]. 

It is the duty of the State Board of Health to make a report, in writing, to 
the Governor, on or before the first day of December next preceding each 
session, not an extraordinary session of the Legislature, upon the sanitary 
condition, prospect, and needs of the state, setting forth the action of said 
board, of its officers and agents, the names thereof, and all its expenditures 
since the last preceding report, and such other matters as it may deem proper 
for the promotion of health or the prevention of disease. The report shall be laid 
before the Legislature by the Governor at its ensuing term. 

SOURCES: Codes, 1892, § 2272; 1906, § 2488; Hemingway's 1917, § 4837; 1930, 
§ 4874; 1942, § 7030; reenacted and amended, Laws, 1982, ch. 494, § 8; 
reenacted, Laws, 1990, ch. 568, § 9; reenacted without change, Laws, 1994, 
ch. 462, § 9; reenacted, Laws, 1995, ch. 363, § 9; reenacted without change, 
Laws, 2001, ch. 420, § 10; reenacted without change, Laws, 2007, ch. 514, 
§ 11, eff from and after June 30, 2007. 

Editor's Note — For repeal date of this section, see § 41-3-20. 

Laws of 2007, ch. 514, § 22 provides as follows: 

"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment reenacted the section without change. 

Cross References — Reports of local health officers to state board of health, see 
§ 41-3-51. 

§ 41-3-20. Repeal of §§ 41-3-1 through 41-3-19. 

(1) Section 41-3-1, which creates the State Board of Health, shall stand 
repealed on March 30, 2007. 

(2) Section 41-3-5, which creates the position of the Executive Officer of 
the State Department of Health, shall stand repealed on June 30, 2007. 

28 



Health Boards and Officers § 41-3-21 

(3) Sections 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 
41-3-17, 41-3-18 and 41-3-19, which create the reconstituted State Board of 
Health, establish the position of Executive Officer of the State Department of 
Health and establish the State Department of Health and prescribe its powers 
and duties, shall stand repealed on June 30, 2010. 

SOURCES: Laws, 1994, ch. 462, § 11; Laws, 1995, ch. 363, § 10; Laws, 2001, ch. 
420, § 11; Laws, 2007, ch. 514, § 1, eff from and after passage (approved 
Mar. 30, 2007.) 

Editor's Note — Laws of 2007, ch. 514, § 22 provides as follows: 
"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment rewrote the section to provide that 
§ 41-3-1 is repealed on March 30, 2007, § 41-3-5 is repealed on June 30, 2007, and 
§§ 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6 and 41-3-15 through 41-3-19 are repealed 
on June 30, 2010. 

§ 41-3-21. Mississippi Public Health Laboratory created; pow- 
ers and duties. 

(1) There is hereby established the Mississippi Public Health Laboratory 
in the Mississippi State Department of Health. 

(2) The Mississippi Public Health Laboratory shall have the following 
powers and duties: 

(a) To perform such laboratory tests and procedures as shall be deter- 
mined beneficial to the health of the people of Mississippi; 

(b) To apply for and maintain any and all necessary federal or other 
certifications and/or licenses for the performance of its duties, unless such 
authority shall be otherwise assigned by official action of the State Board of 
Health; 

(c) The Mississippi Public Health Laboratory shall be under the man- 
agement of a director, who shall be appointed by the State Health Officer. 
The responsibility for the laboratory shall be vested in the director. The 
director shall be the administrative officer of the Mississippi Public Health 
Laboratory and shall perform the duties as may be assigned to him or her by 
the State Board of Health. The director shall receive compensation as may be 
fixed by the State Board of Health, subject to the approval of the State 
Personnel Board. The State Health Officer may employ such other persons 
as may be necessary to carry out the provisions of this section. The 
compensation and the terms and conditions of their employment shall be 
determined by the State Board of Health in accordance with applicable state 
law and rules and regulations of the State Personnel Board. 

SOURCES: Laws, 2009, ch. 301, § 1, effective from and after passage (approved 
January 28, 2009). 

29 



§ 41-3-23 Public Health 

Editor's Note — Aformer § 41-3-21 [Codes, 1892, § 2274; 1906, § 2490; Hemingway's 
1917, § 4839; 1930, § 4876; 1942, § 7032], which authorized the state board of health to 
fill vacancies, was repealed by Laws of 1982, ch. 494, § 16, effective from and after July 
1, 1982. 

§ 41-3-23. Mississippi Public Health Laboratory Fund estab- 
lished; use of other funds to support Mississippi Public 
Health Laboratory authorized. 

(1) There is established in the State Treasury a special fund to be known 
as the Mississippi Public Health Laboratory Fund, which shall be comprised of 
any funds that are authorized or required to be deposited in the special fund 
including, but not limited to, all laboratory fees collected and other income 
generated by the laboratory. Monies in the fund shall be used for the operations 
of the Mississippi Public Health Laboratory or the administration thereof. All 
income from the investment of the funds in the special fund shall be credited 
to the account of the special fund. Any funds in the special fund at the end of 
a fiscal year shall not lapse into the State General Fund. 

(2) The State Department of Health is authorized to utilize any other 
funds not otherwise specifically appropriated by the Legislature for the 
support of the Mississippi Public Health Laboratory as necessary. 

SOURCES: Laws, 2009, ch. 301, § 2, eff from and after passage (approved Jan. 
28, 2009.) 

Editor's Note — Aformer §41-3-23 [Codes, 1942, §§ 7031, 7066-01; Laws, 1968, ch. 
441, §§ 1, 3], which designated the State Board of Health as the tumor registry agency 
of the state, was repealed by Laws of 1982, ch. 494, § 16, effective from and after July 
1, 1982. 

§§ 41-3-25 through 41-3-29. Repealed. 

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982. 
§ 41-3-25. [Codes, 1942, § 1697; Laws, 1968, ch. 441, § 4] 
§ 41-3-27. [Codes, 1942, § 7066-02; Laws, 1968, ch. 441, § 7] 
§ 41-3-29. Codes, 1942, § 7066-03; Laws, 1968, ch. 441, § 8] 

Editor's Note — Former § 41-3-25 specified the information to be furnished to the 
tumor registry agency. 

Former § 41-3-27 specified penalties for violations. 

Former § 41-3-29 authorized the tumor registry agency to accept federal grants and 
assistance. 

§ 41-3-30. Repealed. 

Repealed by Laws, 1994, ch. 462, § 10, eff from and after July 1, 1994. 
[Laws, 1979, ch. 301, § 47; Laws, 1982, ch. 494, § 9; Laws, 1990, ch. 568, 
§ 10] 

30 



Health Boards and Officers § 41-3-37 

Editor's Note — Former § 41-3-30 was entitled: Repeal of §§ 41-3-1 through 
41-3-19. See Section 41-3-20 for repeal provisions for §§ 41-3-1 through 41-3-19. 

§§ 41-3-31 through 41-3-35. Repealed. 

Repealed by Laws, 1976, ch. 469, § 21, eff from and after passage 
(approved May 25, 1976). 

§§ 41-3-31 through 41-3-35 [Laws, 1964, ch. 435, §§ 1, 2] 

Editor's Note — Former § 41-3-31 designated the State Board of Health as the 
state's radiation control agency and provided for the promulgation of rules and 
regulations. 

Former § 41-3-33 provided for a radiation advisory committee, with authority to 
approve nuclear control rules and regulations and advise the state board of health 
concerning nuclear matters. 

Former § 41-3-35 provided for the enforcement of §§ 41-3-31 through 41-3-35 and 
nuclear control rules and regulations, declared a misdemeanor and provided a penalty. 

§ 41-3-37. Appointment of county health officer. 

A competent physician shall be appointed county health officer for each 
county by the State Board of Health or its executive officer. Said board shall 
cause the appointment to be certified by its secretary to the board of 
supervisors of the county for which the appointment was made. 

SOURCES: Codes, 1892, § 2275; 1906, § 2491; Hemingway's 1917, § 4840; 1930, 
§ 4877; 1942, § 7033; Laws, 1982, ch. 494, § 10, eff from and after July 1, 
1982. 

Cross References — County health department, see §§ 41-3-43, 41-3-45, 41-3-49 to 
41-3-53. 

Municipal regulation of health, see § 41-3-57. 

Inspection of establishments employing child labor, see § 71-1-25. 

JUDICIAL DECISIONS 

1. Validity. officer. Board of Supvrs. v. Powell, 122 

2. Construction and application. Miss. 665, 84 So. 905 (1920). 

1 Validity Compensation of health officers ap- 

'The powers vested in the state board of Panted by municipalities discussed Town 

health under this section [Code 1942, ° f *™* C h ™*f*l™ ashmgton > 81 MlSS ' 

§ 7033] held to be constitutional. Haw- 4 ™' 34 S ?' f 25 ^ 9 ®! 1 JU u 

kins v. Hoye, 108 Miss. 282, 66 So. 741 L A county health officer, appointed by the 

(1914), error overruled, 66 So. 1015 (Miss. ^oard ^T^olT ^ Sf ??*T 
1915) [Code 1942, § 7033] , is only entitled to the 

salary fixed in advance by the board of 

2. Construction and application. supervisors as compensation for official 

The power of the board of supervisors to services rendered by him, and he cannot 

fix the salary of a county health officer maintain an action of assumpsit upon a 

cannot be reviewed by the circuit court quantum meruit for such services, how- 

unless the board fix the salary so low as to ever great. Yandell v. Madison County, 81 

oust the officer or in effect abolish the Miss. 288, 32 So. 918 (1902). 

31 



§ 41-3-39 Public Health 

The board of supervisors cannot fix or abolish the office. Board of Supvrs. v. 
reduce after being fixed the salary of the Westbrook, 64 Miss. 312, 1 So. 352 (1887). 
county health officer so as to virtually 

§ 41-3-39. Repealed. 

Repealed by Laws, 1982, ch. 494, § 16, efffrom and after July 1, 1982. 
[Codes, 1892, § 2285; 1906, § 2509; Hemingway's 1917, § 4858; 1930, 
§ 4895; 1942, § 7051] 

Editor's Note — Former § 41-3-39 authorized the payment of compensation to the 
county health officer. 

§ 41-3-41. Duties of county health officer. 

It shall be the duty of the county health officer to administer programs and 
enforce the public health provisions of the Mississippi Code and the rules and 
regulations of the state board of health applicable in his county. He shall report 
his actions and all informations and results of his investigations to the board 
of supervisors and state board of health, and he shall do such other things as 
the state board of health may lawfully require of him. 

SOURCES: Codes, 1892, § 2276; 1906, § 2494; Hemingway's 1917, § 4843; 1930, 
§ 4880; 1942, § 7036; Laws, 1894, ch. 39; Laws, 1982, ch. 494, § 11, eff from 
and after July 1, 1982. 

Cross References — Communicable and infectious diseases, see §§ 41-23-1 et seq. 
Disinfection and sanitation of buildings and premises, see §§ 41-25-1 et seq. 
Regulation of hotels and innkeepers, see §§ 41-49-1 et seq. 

JUDICIAL DECISIONS 

1. In general. 741 (1914), error overruled, 66 So. 1015 

Under this section [Code 1942, § 7036] (Miss. 1915). 

and other sections, the legislature con- The orders of the state board of health 

ferred upon the state board of health the must stand the test of reasonableness and 

power to make reasonable rules and regu- whether an order be reasonable or unrea- 

lations for the prevention of diseases and sonable is a judicial question. Wilson v. 

the protection of the health of the people. Alabama G.S.R. Co., 77 Miss. 714, 28 So. 

Hawkins v. Hoye, 108 Miss. 282, 66 So. 567, 78 Am. St. R. 543 (1900). 

RESEARCH REFERENCES 

ALR. Propriety of state or local govern- 
ment health officer's warrantless search — 
post-Camara cases. 53 A.L.R.4th 1168. 

§ 41-3-43. County department of health; director. 

(1) Each county in the state is authorized in its discretion to create a 
county health department and to appropriate funds for its support. A director 
for the same shall be appointed in accordance with Section 41-3-37 and 

32 



Health Boards and Officers § 41-3-43 

certified to the board of supervisors of the county. Said director shall be a 
licensed physician, well trained in health work and shall be required to give his 
entire time to the work. 

(2)(a) The State Board of Health may create public health districts of two 
(2) or more counties for the purpose of administering health programs and 
supervising public health workers in the district. The state board of health 
or its executive officer shall appoint for each such district created a district 
director, who shall be a licensed physician, well trained in public health 
work, who shall give his entire time to the work. The district director may 
serve as county health officer of any or all counties in the district. 

(b) The boards of supervisors of the counties comprising a public health 
district are hereby authorized, in their discretion, to appropriate funds for 
the support of the public health district from the general funds of the 
counties; and pursuant to Section 19-9-97, to levy additional taxes for the 
support of county or district health departments. 

(3) When any county or counties create a health department hereunder, 
then all other local or municipal or county public health agencies and depart- 
ments are thereby automatically abolished, and said county and district health 
departments shall have full control over all health matters in said county and 
counties, including all municipalities therein, subject to the supervision, direc- 
tion, and jurisdiction of the state board of health. The proper authorities of any 
municipality in the State of Mississippi are hereby authorized in their discretion 
to make an appropriation for the support of such county or district health 
department from the general funds of such municipality. 

SOURCES: Codes, Hemingway's 1921 Supp. § 4884g; 1930, § 4926; 1942, § 7082; 
Laws, 1918, ch. 194; Laws, 1926, ch. 309; Laws, 1982, ch. 494, § 12, eff from 
and after July 1, 1982. 

Cross References — Municipal quarantine regulations, see §§ 21-19-3, 21-19-17. 
County health officer, see § 41-3-37. 
Municipal regulations of health, see § 41-3-57. 

JUDICIAL DECISIONS 

1. In general. Where county had created health de- 

This section [Code 1942, § 7082], abol- partment under this section [Code 1942, 

ishing all other local, municipal, and county § 7082] , providing for automatic abolition 

health agencies on creation by county of of all other local, municipal, and county 

health department hereunder, controls gen- health agencies, municipal ordinance pro- 

eral statutes empowering municipalities to viding for inspection of all foods offered for 

enact ordinances and prescribe health regu- sale and payment of fees fixed in ordi- 

lations. City of Jackson v. Ferguson, 167 nance was void. City of Jackson v. Fergu- 

Miss. 819, 150 So. 531 (1933). son, 167 Miss. 819, 150 So. 531 (1933). 

RESEARCH REFERENCES 

ALR. Propriety of state or local govern- 
ment health officer's warrantless search 
— post-Camara cases. 53 A.L.R.4th 1168. 

33 



§ 41-3-45 Public Health 

§ 41-3-45. Term of office of director; removal. 

The State Board of Health shall remove any director at any time for such 
conduct as it may deem improper, or for neglect of duty, or for incompetency, or 
for any offense which in its judgment, is detrimental to the public welfare. It 
may summarily suspend any director until any complaint made of such 
director may be fully investigated by the State Board of Health. 

SOURCES: Codes, Hemingway's 1921 Supp. § 4884i; 1930, § 4928; 1942, § 7084; 
Laws, 1920, ch. 208; Laws, 1982, ch. 494, § 13, eff from and after July 1, 1982. 

Cross References — County health officer, see § 41-3-37. 

§ 41-3-47. Repealed. 

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982. 
[Codes, Hemingway's 1921 Supp. § 48841; 1930, § 4931; 1942, § 7087; 
Laws, 1920, ch. 208] 

Editor's Note — Former § 41-3-47 provided that the director of a county board of 
health did not have to be a resident, and directed that the director be furnished living 
quarters. 

§ 41-3-49. Powers and duties of director. 

The director appointed pursuant to Section 41-3-43 shall be given author- 
ity to enforce all health laws of the district or county under the supervision and 
direction of the State Board of Health, or its executive committee, and to make 
such investigation of health problems and recommend and institute such 
measures as may be necessary. He shall be under the supervision, direction 
and jurisdiction of the State Board of Health, or its executive committee, and 
he shall make report to said Board of Health of all matters concerning the 
sanitary conditions of his district or county in the manner prescribed by the 
state board of health, or its executive committee. 

SOURCES: Codes, Hemingway's 1921 Supp. § 4884h; 1930, § 4927; 1942, § 7083; 
Laws, 1920, ch. 208. 

Cross References — County health officer, see § 41-3-37. 

Director of State Board of Health being member of marine conservation commission, 
see § 49-15-11. 

RESEARCH REFERENCES 

Am Jur. 39 Am. Jur. 2d, Health §§ 1 et CJS. 39A C.J.S., Health and Environ- 
seq. ment §§ 18 et seq. 



34 



Health Boards and Officers § 41-3-55 

§ 41-3-51. Records and reports of director. 

The director appointed pursuant to Section 41-3-43 of any county or 
district shall keep an accurate record of all activities of the department of 
health of the county or district which he serves for use of the public and for 
information to the board of health, and such reports as required by the board 
of health shall be made to it. All officers and employees of the county or district 
department of health shall be subject to the jurisdiction and regulations of the 
state board of health or its executive committee. 

SOURCES: Codes, Hemingway's 1921 Supp. § 4884k; 1930, § 4930; 1942, § 7086; 
Laws, 1920, ch. 208. 

Cross References — Reports by state board of health, see § 41-3-19. 

§ 41-3-53. Maintenance of county department of health. 

The board of supervisors shall be authorized to make such appropriations 
for the department of health as may be necessary to pay the salary of the 
director, and the salaries of all necessary sanitary inspectors, nurses, and such 
other employees as may be employed for carrying on the work. The board shall 
be authorized to pay all necessary traveling expenses of said employees in the 
performance of their duties. The board shall be authorized to pay for all 
necessary medicine, materials and supplies. The board shall provide an office 
for its health department, and furnish said office, and its employees, with all 
necessary record books, stationery, stamps, tables, chairs, furniture and all 
other necessary articles. The board is also authorized to do any and all things 
necessary and proper to maintain and support a health department. Where 
two (2) or more counties shall unite in having a department of health, the 
amount contributed by each for maintaining and supporting the work shall be 
agreed upon by the respective counties, subject to the approval of the state 
board of health, or its executive committee, and all salaries to be paid shall be 
recommended by the state board of health, or its executive committee to the 
board of supervisors of the county or counties for which the officers or 
employees are to act. All employees shall be recommended by the state board 
of health, or its executive committee, and all salaries shall be recommended in 
the same way. 

SOURCES: Codes, Hemingway's 1921 Supp. § 4884j; 1930, § 4929; 1942, § 7085; 
Laws, 1920, ch. 208; Laws, 1940, ch. 264. 

§ 41-3-55. Repealed. 

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982. 
[Codes, 1906, § 1645; Hemingway's 1917, § 4823; 1930, § 4865; 1942, 
§ 7021] 

Editor's Note — Former § 41-3-55 directed the appointment of a county board of 
health in each county of the state. 

35 



§ 41-3-57 Public Health 

§ 41-3-57. Municipal regulation of health. 

Any municipality may pass public health laws or ordinances and enforce 
the collection and registration of birth, health, and mortuary statistics. 
However, such power shall be subject to and not inconsistent with the rules 
and regulations of the state board of health touching the health interests of the 
county in which such municipality is situated. In the absence of an explicit 
agreement to the contrary between the state board of health and such 
municipality, enforcement of municipal laws shall be the responsibility of the 
municipality. 

SOURCES: Codes, 1892, § 2281; 1906, § 2505; Hemingway's 1917, § 4854; 1930, 
§ 4891; 1942, § 7047; Laws, 1982, ch. 494, § 14, eff from and after July 1, 
1982. 

Cross References — Municipal quarantine regulations, see §§ 21-19-3, 21-19-17. 

County health officer, see § 41-3-37. 

County health departments, see §§ 41-3-43, 41-3-45, 41-3-49 through 41-3-53. 

JUDICIAL DECISIONS 

1. In general. ground it was designed to fix reasonable 

Ordinance forbidding barber shops to time for inspecting barber shops. Knight v. 

open before 7:30 a.m. or remain open after Johns, 161 Miss. 519, 137 So. 509 (1931). 
6:30 p.m. could not be held valid on 

RESEARCH REFERENCES 

Am Jur. 39 Am. Jur. 2d, Health § 5. 
CJS. 39A C.J.S., Health and Environ- 
ment §§ 4, 6, 10. 

§ 41-3-59. Violation of health rules. 

Except as may otherwise be provided, any person who shall knowingly 
violate any of the provisions of this chapter, or any rule or regulation of the 
state board of health, or any order or regulation of the board of supervisors of 
any county or any municipal ordinance herein authorized to be made, shall be 
guilty of a misdemeanor, and on conviction shall be punished by fine not 
exceeding five hundred dollars ($500.00), or by imprisonment in the county jail 
for not more than six (6) months, or by both. 

SOURCES: Codes, 1892, § 2287; 1906, § 2511; Hemingway's 1917, § 4860; 1930, 
§ 4897; 1942, § 7053; Laws, 1983, ch. 522, § 2, eff from and after July 1, 1983. 

Cross References — Rules of state board of health, see § 41-3-17. 
Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 



36 



Health Boards and Officers § 41-3-101 

JUDICIAL DECISIONS 

1. In general. prevention of diseases and the protection 

This section [Code 1942, § 7053] and of the health of the people. Hawkins v. 

other sections bestowed upon the state Hoye, 108 Miss. 282, 66 So. 741 (1914), 

board of health the authority to make error overruled, 66 So. 1015 (Miss. 1915). 
reasonable rules and regulations for the 

MEDICAL SERVICES FOR UNINSURED 

Sec. 

41-3-101. Provision of free medical services to those uninsured and unable to pay; 

funding. 

§ 41-3-101. Provision of free medical services to those unin- 
sured and unable to pay; funding. 

The State Department of Health is authorized to contract with the 
Mississippi State Medical Association for the purpose of establishing a state- 
wide program for providing needed medical services at no charge to persons 
who have no form of health insurance and are unable to pay for such medical 
services. Under such program, the department shall set the criteria for 
eligibility to receive such free medical services and, through the county health 
departments, shall determine which individuals are eligible to receive such 
services. If the Mississippi State Medical Association contracts with the 
department for the establishment of such a program, the association shall 
identify and solicit physicians to participate in the program, set up a network 
of those physicians willing to participate and arrange to provide needed 
medical services at no charge to those persons who are determined eligible by 
the county health departments. For the payment of administration expenses 
related to the program, the department shall have a fund comprised of such 
funds appropriated therefor by the Legislature, out of which shall be paid (a) 
the cost of maintaining a toll-free telephone number for receiving calls from 
eligible persons and contacting the participating physicians for referral of any 
appropriate patient; (b) any administrative costs of the Mississippi State 
Medical Association in setting up a network of participating physicians; and (c) 
any other administrative expenses of the department and the association 
related to the program. 

SOURCES: Laws, 1990, ch. 544, § 1, eff from and after July 1, 1990. 



37 



CHAPTER 4 
Department of Mental Health 

Sec. 

41-4-1. Declaration of purpose. 

41-4-3. State Board of Mental Health. 

41-4-5. State Department of Mental Health. 

41-4-7. Powers and duties of board. 

41-4-8. Falsification of diagnosis of Medicaid-eligible client for mental health 

benefits. 

41-4-9. Advisory councils. 

41-4-11. Abolition of certain agencies, and transfer of authority, personnel and 

property to state board of mental health. 

41-4-13. Purchases. 

41-4-15. Repealed. 

41-4-17. Children's rehabilitation center excepted from state board of mental 

health jurisdiction. 

41-4-19. Transfer of funds; issuance of warrants. 

41-4-21. Fiscal procedures. 

41-4-23. Security guards and campus police at mental health or mental retarda- 

tion facilities. 

41-4-25. Director of mental health facility authorized to transfer patient to 

another department facility. 

41-4-27. Mental health crisis center in Brookhaven, Mississippi, named in honor 

of Senator Billy V. Harvey. 

§ 41-4-1. Declaration of purpose. 

The purpose of this chapter is to coordinate, develop, improve, plan for, 
and provide all services for the mentally ill, emotionally disturbed, alcoholic, 
drug dependent, and mentally retarded persons of this state; to promote, 
safeguard and protect human dignity, social well-being and general welfare of 
these persons under the cohesive control of one (1) coordinating and respon- 
sible agency so that mental health and mental retardation services and 
facilities may be uniformly provided more efficiently and economically to any 
resident of the State of Mississippi; and further to seek means for the 
prevention of these disabilities. 

SOURCES: Laws, 1974, ch. 567, § 1, eff from and after passage (approved April 
23, 1974). 

Editor's Note — Laws of 2009, ch. 552, § 1 provides: 

"SECTION 1. (1) There is created a Joint Legislative Study Committee to study and 
make recommendations for improving the mental health system in Mississippi. The 
committee shall, at a minimum, examine the following topics: 

"(a) The current delivery system of mental health services by state, regional and local 
public entities; 

"(b) The structure of the State Department of Mental Health, including the makeup 
of the State Board of Mental Health and the qualifications of the executive director of 
the department; 

38 



Department of Mental Health § 41-4-3 

"(c) The delivery of mental health services through a community-based system rather 
than an institutional-based system, focusing on delivery through the community 
mental health centers; and 

"(d) Any other matters of importance relating to the delivery of mental health services 
in the state. 

"(2) The joint committee shall be composed of the following ten (10) members: 

"(a) The Chairman of the House Public Health and Human Services Committee and 
the Chairman of the Senate Public Health and Welfare Committee, who will be the 
cochairmen of the joint committee; 

"(b) The Chairman of the House Appropriations Committee, or his designee; 

"(c) The Chairman of the Senate Appropriations Committee, or his designee; 

"(d) Three (3) senators to be appointed by the Lieutenant Governor; and 

"(e) Three (3) representatives to be appointed by the Speaker of the House. 

"(3) Appointments shall be made within thirty (30) days after the effective date of this 
section. The first meeting of the committee shall be held on a day to be designated 
jointly by the Speaker of the House and the Lieutenant Governor. A majority of the 
members of the committee shall constitute a quorum. In the adoption of rules, 
resolutions and reports, an affirmative vote of a majority of the members of each house 
shall be required. 

"(4) Members of the committee shall be paid from the contingent expense funds of 
their respective houses in the same manner as provided for committee meetings when 
the Legislature is not in session; however, no per diem or expense for attending 
meetings of the committee may be paid while the Legislature is in session, except that 
members of the committee may receive per diem and expenses when the Legislature is 
in session but in recess under the terms of a concurrent resolution, or in recess during 
a special session. 

"(5) The committee shall make a report of its findings and recommendations to the 
Legislature not later than December 1, 2009, including any recommended legislation. 
At the time of submission of its report, the committee shall be dissolved. 

"(6) (a) The Lieutenant Governor and the Speaker of the House of Representatives 
may jointly appoint not more than twelve (12) members to an advisory council to the 
joint committee. 

"(b) The members of the advisory council shall either be engaged professionally in 
rendering mental health services or general medical services or be consumers of mental 
health services or representatives of those consumers. 

"(c) The advisory council may meet with the Joint Legislative Study Committee and 
may hold special meetings as deemed necessary." 

Cross References — State mental institutions generally, see §§ 41-17-1 et seq. 

Mental retardation and illness centers, facilities and services, see §§ 41-19-1 et seq. 

Drug abuse education programs, see § 41-29-169. 

Research programs on misuse and abuse of controlled substances, see § 41-29-171. 

Alcoholism and alcohol abuse prevention control and treatment, see §§ 41-30-1 et 
seq. 

Commitment of alcoholics and drug addicts for treatment, see §§ 41-31-1 et seq. 

RESEARCH REFERENCES 

Practice References. Health Care Ad- Perlin, Mental Disability Law: Civil and 

ministration Library (CD-ROM) (Mat- Criminal, Second Edition (LexisNexis). 
thew Bender). 

§ 41-4-3. State Board of Mental Health. 

(1) There is hereby created a State Board of Mental Health, herein 
referred to as "board," consisting of nine (9) members, to be appointed by the 

39 



§ 41-4-3 Public Health 

Governor, with the advice and consent of the senate, each of whom shall be a 
qualified elector. One (1) member shall be appointed from each congressional 
district as presently constituted; and four (4) members shall be appointed from 
the state-at-large, one (1) of whom shall be a licensed medical doctor who is a 
psychiatrist, one (1) of whom shall hold a Ph.D. degree and be a licensed 
clinical psychologist, one (1) of whom shall be a licensed medical doctor, and 
one (1) whom shall be a social worker with experience in the mental health 
field. 

No more than two (2) members of the board shall be appointed from any 
one (1) congressional district as presently constituted. 

Each member of the initial board shall serve for a term of years repre- 
sented by the number of his congressional district; two (2) state-at-large 
members shall serve for a term of six (6) years; two (2) state-at-large members 
shall serve for a term of seven (7) years; subsequent appointments shall be for 
seven-year terms and the governor shall fill any vacancy for the unexpired 
term. 

The board shall elect a chairman whose term of office shall be one (1) year 
and until his successor shall be elected. 

(2) Each board member shall be entitled to a per diem as is authorized by 
law and all actual and necessary expenses, including mileage as provided by 
law, incurred in the discharge of official duties. 

(3) The board shall hold regular meetings monthly and such special 
meetings deemed necessary, except that no action shall be taken unless there 
is present a quorum of at least five (5) members. 

SOURCES: Laws, 1974, ch. 567, § 2; Laws, 1980, ch. 560, § 16, eff from and after 
passage (approved May 26, 1980). 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a publishing error in the first sentence of subsection (1). The word "advise" was 
changed to "advice" so that "...with the advise and consent of the Senate..." will read 
"...with the advice and consent of the Senate...". The Joint Committee ratified the 
correction at its June 3, 2003, meeting. 

Cross References — For provision authorizing uniform per diem compensation for 
officers and employees of state boards, commissions and agencies, see § 25-3-69. 

State board of health, see §§ 41-3-1 et seq. 

Duty of State Board of Mental Health to administer Hudspeth Retardation Center, 
see § 41-19-235. 

Procedures for and individual's procedural and substantive rights during the initial 
involuntary commitment hearing and thereafter, see §§ 41-21-61 et seq. 

ATTORNEY GENERAL OPINIONS 

There is no statutory bar to appoint- District at time Section 41-4-3 was passed 

ment of individual to State Board of Men- but currently resides in Fourth Congres- 

tal Health to represent Fifth Congressio- sional District. Shows, Jan. 18, 1994, A.G. 

nal District when individual lived in Fifth Op. #94-003. 

40 



Department of Mental Health § 41-4-7 

RESEARCH REFERENCES 

Practice References. Health Care Ad- Perlin, Mental Disability Law: Civil and 
ministration Library (CD-ROM) (Mat- Criminal, Second Edition (LexisNexis). 
thew Bender). 

§ 41-4-5. State Department of Mental Health. 

There is hereby created the State Department of Mental Health, herein 
referred to as "department," which shall consist of four (4) or more divisions, 
among them the division of mental retardation, the division of alcohol and drug 
misuse, the division of mental health, and the division of administration, 
planning and coordination, and such other divisions as the board shall deem 
appropriate. 

SOURCES: Laws, 1974, ch. 567, § 3, eff from and after passage (approved April 
23, 1974). 

Cross References — General functions of the division of alcohol and drug misuse, 
see §§ 41-30-1 et seq. 

Assistance by Department of Mental Health in making relevant information avail- 
able to Cooperative Extension Service for information clearinghouse assisting farmers, 
see § 69-2-5. 

JUDICIAL DECISIONS 

1. Service of process. and insufficient service of process because 

Although a state hospital and a state even though the defenses were properly 

mental health department were estab- and timely raised in their answer to a 

lished and controlled by Miss. Code Ann. wrongful death action, their subsequent 

§ 41-4-11(2) and Miss. Code Ann. § 41- participation in litigation and their failure 

4-5 and service of process was governed by to pursue the defenses for two years 

Miss. R. Civ. P. 4(d)(5), requiring service waived the defenses. East Miss. State 

upon the Attorney General, the entitles Hosp. v. Adams, 947 So. 2d 887 (Miss. 

waived the defenses of insufficient process 2007). 

RESEARCH REFERENCES 

Practice References. Health Care Ad- Perlin, Mental Disability Law: Civil and 
ministration Library (CD-ROM) (Mat- Criminal, Second Edition (LexisNexis). 
thew Bender). 

§ 41-4-7. Powers and duties of board. 

The State Board of Mental Health shall have the following powers and 
duties: 

(a) To appoint a full-time Executive Director of the Department of 
Mental Health, who shall be employed by the board and shall serve as 
executive secretary to the board. The first director shall be a duly licensed 
physician with special interest and competence in psychiatry, and shall 
possess a minimum of three (3) years' experience in clinical and administra- 
tive psychiatry. Subsequent directors shall possess at least a master's degree 

41 



41-4-7 Public Health 

or its equivalent, and shall possess at least ten (10) years' administrative 
experience in the field of mental health. The salary of the executive director 
shall be determined by the board; 

(b) To set up state plans for the purpose of controlling and treating any 
and all forms of mental and emotional illness, alcoholism, drug misuse and 
developmental disabilities; 

(c) To supervise, coordinate and establish standards for all operations 
and activities of the state related to mental health and providing mental 
health services. Nothing in this chapter shall preclude the services of a 
psychiatric/mental health nurse practitioner in accordance with an estab- 
lished nurse practitioner-physician protocol. The board shall have the 
authority to develop and implement all standards and plans and shall have 
the authority to establish appropriate actions, including financially punitive 
actions, to ensure enforcement of these established standards, in accordance 
with the Administrative Procedures Law (Section 25-43-1 et seq.). This 
paragraph (c) shall stand repealed on July 1, 2010; 

(d) To enter into contracts with any other state or federal agency, or 
with any private person, organization or group capable of contracting, if it 
finds such action to be in the public interest; 

(e) To collect reasonable fees for its services; however, if it is determined 
that a person receiving services is unable to pay the total fee, the department 
shall collect any amount such person is able to pay; 

(f) To certify, coordinate and establish minimum standards and estab- 
lish minimum required services for regional mental health and mental 
retardation commissions and other community service providers for commu- 
nity or regional programs and services in mental health, mental retardation, 
alcoholism, drug misuse, developmental disabilities, compulsive gambling, 
addictive disorders and related programs throughout the state. Such re- 
gional mental health and mental retardation commissions and other com- 
munity service providers shall submit an annual operational plan to the 
State Department of Mental Health for approval or disapproval based on the 
minimum standards and minimum required services established by the 
department for certification. If the department finds deficiencies in the plan 
of any regional commission or community service provider based on the 
minimum standards and minimum required services established for certifi- 
cation, the department shall give the regional commission or community 
service provider a six-month probationary period to bring its standards and 
services up to the established minimum standards and minimum required 
services. After the six-month probationary period, if the department deter- 
mines that the regional commission or community service provider still does 
not meet the minimum standards and minimum required services estab- 
lished for certification, the department may remove the certification of the 
commission or provider. However, the department shall not mandate a 
standard or service, or decertify a regional commission or community service 
provider for not meeting a standard or service, if the standard or service does 
not have funding appropriated by the Legislature or have a funding source 



42 



Department of Mental Health § 41-4-7 

from the State Department of Mental Health or a local funding source. The 
State Board of Mental Health shall promulgate rules and regulations 
necessary to implement the provisions of this paragraph (f), in accordance 
with the Administrative Procedures Law (Section 25-43-1 et seq.); 

(g) To establish and promulgate reasonable minimum standards for the 
construction and operation of state and all Department of Mental Health 
certified facilities, including reasonable minimum standards for the admis- 
sion, diagnosis, care, treatment, transfer of patients and their records, and 
also including reasonable minimum standards for providing day care, 
outpatient care, emergency care, inpatient care and follow-up care, when 
such care is provided for persons with mental or emotional illness, mental 
retardation, alcoholism, drug misuse and developmental disabilities; 

(h) To assist community or regional programs consistent with the 
purposes of this chapter by making grants and contracts from available 
funds; 

(i) To establish and collect reasonable fees for necessary inspection 
services incidental to certification or compliance; 

(j) To accept gifts, trusts, bequests, grants, endowments or transfers of 
property of any kind; 

(k) To receive monies coming to it by way of fees for services or by 
appropriations; 

(I) To serve as the single state agency in receiving and administering 
any and all funds available from any source for the purpose of service 
delivery, training, research and education in regard to all forms of mental 
illness, mental retardation, alcoholism, drug misuse and developmental 
disabilities, unless such funds are specifically designated to a particular 
agency or institution by the federal government, the Mississippi Legislature 
or any other grantor; 

(m) To establish mental health holding centers for the purpose of 
providing short-term emergency mental health treatment, places for holding 
persons awaiting commitment proceedings or awaiting placement in a state 
mental health facility following commitment, and for diverting placement in 
a state mental health facility. These mental health holding facilities shall be 
readily accessible, available statewide, and be in compliance with emergency 
services' minimum standards. They shall be comprehensive and available to 
triage and make appropriate clinical disposition, including the capability to 
access inpatient services or less restrictive alternatives, as needed, as 
determined by medical staff. Such facility shall have medical, nursing and 
behavioral services available on a twenty-four-hour-a-day basis. The board 
may provide for all or part of the costs of establishing and operating the 
holding centers in each district from such funds as may be appropriated to 
the board for such use, and may participate in any plan or agreement with 
any public or private entity under which the entity will provide all or part of 
the costs of establishing and operating a holding center in any district; 

(n) To certify/license case managers, mental health therapists, mental 
retardation therapists, mental health/retardation program administrators, 

43 



41-4-7 Public Health 

addiction counselors and others as deemed appropriate by the board. 
Persons already professionally licensed by another state board or agency are 
not required to be certified/licensed under this section by the Department of 
Mental Health. The department shall not use professional titles in its 
certification/licensure process for which there is an independent licensing 
procedure. Such certification/licensure shall be valid only in the state mental 
health system, in programs funded and/or certified by the Department of 
Mental Health, and/or in programs certified/licensed by the State Depart- 
ment of Health that are operated by the state mental health system serving 
the mentally ill, mentally retarded, developmentally disabled or persons 
with addictions, and shall not be transferable; 

(o) To develop formal mental health worker qualifications for regional 
mental health and mental retardation commissions and other community 
service providers. The State Personnel Board shall develop and promulgate 
a recommended salary scale and career ladder for all regional mental 
health/retardation center therapists and case managers who work directly 
with clients. The State Personnel Board shall also develop and promulgate 
a career ladder for all direct care workers employed by the State Department 
of Mental Health; 

(p) The employees of the department shall be governed by personnel 
merit system rules and regulations, the same as other employees in state 
services; 

(q) To establish such rules and regulations as may be necessary in 
carrying out the provisions of this chapter, including the establishment of a 
formal grievance procedure to investigate and attempt to resolve consumer 
complaints; 

(r) To grant easements for roads, utilities and any other purpose it finds 
to be in the public interest; 

(s) To survey statutory designations, building markers and the names 
given to mental health/retardation facilities and proceedings in order to 
recommend deletion of obsolete and offensive terminology relative to the 
mental health/retardation system. Based upon a recommendation of the 
executive director, the board shall have the authority to name/rename any 
facility operated under the auspices of the Department of Mental Health for 
the sole purpose of deleting such terminology; 

(t) To ensure an effective case management system directed at persons 
who have been discharged from state and private psychiatric hospitals to 
ensure their continued well-being in the community; 

(u) To develop formal service delivery standards designed to measure 
the quality of services delivered to community clients, as well as the 
timeliness of services to community clients provided by regional mental 
health/retardation commissions and other community services providers; 

(v) To establish regional state offices to provide mental health crisis 
intervention centers and services available throughout the state to be 
utilized on a case-by-case emergency basis. The regional services director, 
other staff and delivery systems shall meet the minimum standards of the 
Department of Mental Health; 



44 



Department of Mental Health § 41-4-7 

(w) To require performance contracts with community mental health/ 
mental retardation service providers to contain performance indicators to 
measure successful outcomes, including diversion of persons from inpatient 
psychiatric hospitals, rapid/timely response to emergency cases, client 
satisfaction with services and other relevant performance measures; 

(x) To enter into interagency agreements with other state agencies, 
school districts and other local entities as determined necessary by the 
department to ensure that local mental health service entities are fulfilling 
their responsibilities to the overall state plan for behavioral services; 

(y) To establish and maintain a toll-free grievance reporting telephone 
system for the receipt and referral for investigation of all complaints by 
clients of state and community mental health/retardation facilities; 

(z) To establish a peer review/quality assurance evaluation system that 
assures that appropriate assessment, diagnosis and treatment is provided 
according to established professional criteria and guidelines; 

(aa) To develop and implement state plans for the purpose of assisting 
with the care and treatment of persons with Alzheimer's disease and other 
dementia. This plan shall include education and training of service provid- 
ers, caregivers in the home setting and others who deal with persons with 
Alzheimer's disease and other dementia, and development of adult day care, 
family respite care and counseling programs to assist families who maintain 
persons with Alzheimer's disease and other dementia in the home setting. 
No agency shall be required to provide any services under this section until 
such time as sufficient funds have been appropriated or otherwise made 
available by the Legislature specifically for the purposes of the treatment of 
persons with Alzheimer's and other dementia; 

(bb) Working with the advice and consent of the administration of 
Ellisville State School, to enter into negotiations with the Economic Devel- 
opment Authority of Jones County for the purpose of negotiating the possible 
exchange, lease or sale of lands owned by Ellisville State School to the 
Economic Development Authority of Jones County. It is the intent of the 
Mississippi Legislature that such negotiations shall ensure that the finan- 
cial interest of the persons with mental retardation served by Ellisville State 
School will be held paramount in the course of these negotiations. The 
Legislature also recognizes the importance of economic development to the 
citizens of the State of Mississippi and Jones County, and encourages 
fairness to the Economic Development Authority of Jones County. Any 
negotiations proposed which would result in the recommendation for ex- 
change, lease or sale of lands owned by Ellisville State School must have the 
approval of the State Board of Mental Health. The State Board of Mental 
Health may and has the final authority as to whether or not these 
negotiations result in the exchange, lease or sale of the properties it 
currently holds in trust for citizens with mental retardation served at 
Ellisville State School. 

If the State Board of Mental Health authorizes the sale of lands owned 
by Ellisville State School, as provided for under this paragraph (bb), the 

45 



41-4-7 Public Health 

monies derived from the sale shall be placed into a special fund that is 
created in the State Treasury to be known as the "Ellisville State School 
Client's Trust Fund." The principal of the trust fund shall remain inviolate 
and shall never be expended. Any interest earned on the principal may be 
expended solely for the benefits of clients served at Ellisville State School. 
The State Treasurer shall invest the monies of the trust fund in any of the 
investments authorized for the Mississippi Prepaid Affordable College 
Tuition Program under Section 37-155-9, and those investments shall be 
subject to the limitations prescribed by Section 37-155-9. Unexpended 
amounts remaining in the trust fund at the end of a fiscal year shall not 
lapse into the State General Fund, and any interest earned on amounts in 
the trust fund shall be deposited to the credit of the trust fund. The 
administration of Ellisville State School may use any interest earned on the 
principal of the trust fund, upon appropriation by the Legislature, as needed 
for services or facilities by the clients of Ellisville State School. Ellisville 
State School shall make known to the Legislature, through the Legislative 
Budget Committee and the respective Appropriations Committees of the 
House and Senate, its proposed use of interest earned on the principal of the 
trust fund for any fiscal year in which it proposes to make expenditures 
thereof. The State Treasurer shall provide Ellisville State School with an 
annual report on the Ellisville State School Client's Trust Fund to indicate 
the total monies in the trust fund, interest earned during the year, expenses 
paid from the trust fund and such other related information. 

Nothing in this section shall be construed as applying to or affecting 
mental health/retardation services provided by hospitals as defined in 
Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, 
subsidiaries and divisions are licensed and regulated by the Mississippi 
State Department of Health unless such hospitals, subsidiaries or divisions 
voluntarily request certification by the Mississippi State Department of 
Mental Health. 

All new programs authorized under this section shall be subject to the 
availability of funds appropriated therefor by the Legislature; 

(cc) Working with the advice and consent of the administration of 
Boswell Regional Center, to enter into negotiations with the Economic 
Development Authority of Simpson County for the purpose of negotiating the 
possible exchange, lease or sale of lands owned by Boswell Regional Center 
to the Economic Development Authority of Simpson County. It is the intent 
of the Mississippi Legislature that such negotiations shall ensure that the 
financial interest of the persons with mental retardation served by Boswell 
Regional Center will be held paramount in the course of these negotiations. 
The Legislature also recognizes the importance of economic development to 
the citizens of the State of Mississippi and Simpson County, and encourages 
fairness to the Economic Development Authority of Simpson County. Any 
negotiations proposed which would result in the recommendation for ex- 
change, lease or sale of lands owned by Boswell Regional Center must have 
the approval of the State Board of Mental Health. The State Board of Mental 



46 



Department of Mental Health § 41-4-7 

Health may and has the final authority as to whether or not these 
negotiations result in the exchange, lease or sale of the properties it 
currently holds in trust for citizens with mental retardation served at 
Boswell Regional Center. In any such exchange, lease or sale of such lands 
owned by Boswell Regional Center, title to all minerals, oil and gas on such 
lands shall be reserved, together with the right of ingress and egress to 
remove same, whether such provisions be included in the terms of any such 
exchange, lease or sale or not. 

If the State Board of Mental Health authorizes the sale of lands owned 
by Boswell Regional Center, as provided for under this paragraph (cc), the 
monies derived from the sale shall be placed into a special fund that is 
created in the State Treasury to be known as the "Boswell Regional Center 
Client's Trust Fund." The principal of the trust fund shall remain inviolate 
and shall never be expended. Any earnings on the principal may be expended 
solely for the benefits of clients served at Boswell Regional Center. The State 
Treasurer shall invest the monies of the trust fund in any of the investments 
authorized for the Mississippi Prepaid Affordable College Tuition Program 
under Section 37-155-9, and those investments shall be subject to the 
limitations prescribed by Section 37-155-9. Unexpended amounts remaining 
in the trust fund at the end of a fiscal year shall not lapse into the State 
General Fund, and any earnings on amounts in the trust fund shall be 
deposited to the credit of the trust fund. The administration of Boswell 
Regional Center may use any earnings on the principal of the trust fund, 
upon appropriation by the Legislature, as needed for services or facilities by 
the clients of Boswell Regional Center. Boswell Regional Center shall make 
known to the Legislature, through the Legislative Budget Committee and 
the respective Appropriations Committees of the House and Senate, its 
proposed use of the earnings on the principal of the trust fund for any fiscal 
year in which it proposes to make expenditures thereof. The State Treasurer 
shall provide Boswell Regional Center with an annual report on the Boswell 
Regional Center Client's Trust Fund to indicate the total monies in the trust 
fund, interest and other income earned during the year, expenses paid from 
the trust fund and such other related information. 

Nothing in this section shall be construed as applying to or affecting 
mental health/retardation services provided by hospitals as defined in 
Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, 
subsidiaries and divisions are licensed and regulated by the Mississippi 
State Department of Health unless such hospitals, subsidiaries or divisions 
voluntarily request certification by the Mississippi State Department of 
Mental Health. 

All new programs authorized under this section shall be subject to the 
availability of funds appropriated therefor by the Legislature; 

(dd) Notwithstanding any other section of the code, the Board of Mental 
Health shall be authorized to fingerprint and perform a criminal history 
record check on every employee or volunteer. Every employee and volunteer 
shall provide a valid current social security number and/or driver's license 

47 



§ 41-4-7 Public Health 

number which shall be furnished to conduct the criminal history record 
check. If no disqualifying record is identified at the state level, fingerprints 
shall be forwarded to the Federal Bureau of Investigation for a national 
criminal history record check; 

(ee) The Department of Mental Health shall have the authority for the 
development of a consumer friendly single point of intake and referral 
system within its service areas for persons with mental illness, mental 
retardation, developmental disabilities or alcohol or substance abuse who 
need assistance identifying or accessing appropriate services. The depart- 
ment will develop and implement a comprehensive evaluation procedure 
ensuring that, where appropriate, the affected person or their parent or legal 
guardian will be involved in the assessment and planning process. The 
department, as the point of intake and as service provider, shall have the 
authority to determine the appropriate institutional, hospital or community 
care setting for persons who have been diagnosed with mental illness, 
mental retardation, developmental disabilities and/or alcohol or substance 
abuse, and may provide for the least restrictive placement if the treating 
professional believes such a setting is appropriate, if the person affected or 
their parent or legal guardian wants such services, and if the department 
can do so with a reasonable modification of the program without creating a 
fundamental alteration of the program. The least restrictive setting could be 
an institution, hospital or community setting, based upon the needs of the 
affected person or their parent or legal guardian; 

(ff) To have the sole power and discretion to enter into, sign, execute 
and deliver long-term or multiyear leases of real and personal property 
owned by the Department of Mental Health to and from other state and 
federal agencies and private entities deemed to be in the public's best 
interest. Any monies derived from such leases shall be deposited into the 
funds of the Department of Mental Health for its exclusive use. Leases to 
private entities shall be approved by the Department of Finance and 
Administration and all leases shall be filed with the Secretary of State; 

(gg) To certify and establish minimum standards and minimum re- 
quired services for county facilities used for housing, feeding and providing 
medical treatment for any person who has been involuntarily ordered 
admitted to a treatment center by a court of competent jurisdiction. If the 
department finds deficiencies in any such county facility or its provider 
based on the minimum standards and minimum required services estab- 
lished for certification, the department shall give the county or its provider 
a six-month probationary period to bring its standards and services up to the 
established minimum standards and minimum required services. After the 
six-month probationary period, if the department determines that the 
county or its provider still does not meet the minimum standards and 
minimum required services, the department may remove the certification of 
the county or provider and require the county to contract with another 
county having a certified facility to hold those persons for that period of time 
pending transportation and admission to a state treatment facility. Any cost 

48 



Department of Mental Health § 41-4-7 

incurred by a county receiving an involuntarily committed person from a 
county with a decertified holding facility shall be reimbursed by the home 
county to the receiving county. 

SOURCES: Laws, 1974, ch. 567, § 4; Laws, 1978, ch. 388, § 1; Laws, 1996, ch. 446, 
§ 1; Laws, 1997, ch. 328, § 1; Laws, 1997, ch. 384, § 1; Laws, 1997, ch. 587, § 2 
Laws, 1998, ch. 329, § 1; Laws, 1998, ch. 341, § 1; Laws, 1999, ch. 342, § 1 
Laws, 2001, ch. 601, § 1; Laws, 2002, ch. 357, § 1; Laws, 2003, ch. 371, § 1 
Laws, 2003, ch. 438, § 1; Laws, 2004, ch. 517, § 1; Laws, 2005, ch. 387, § 1 
Laws, 2008, ch. 523, § 1; Laws, 2009, ch. 543, § 1, eff from and after July 1, 
2009. 

Joint Legislative Committee Note — Section 1 of ch. 329, Laws, 1998, effective 
July 1, 1998, amended this section. Section 1 of ch. 341, Laws, 1998, effective July 1, 
1998, also amended this section. As set out above, this section reflects the language of 
both amendments pursuant to Section 1-1-109 which gives the Joint Legislative 
Committee on Compilation, Revision and Publication of Legislation authority to 
integrate amendments so that all versions of the same code section enacted within the 
same legislative session may become effective. The Joint Committee on Compilation, 
Revision and Publication of Legislation ratified the integration of these amendments as 
consistent with the legislative intent at the May 20, 1998, meeting of the Committee. 

Section 1 of ch. 371, Laws, 2003, effective from and after July 1, 2003 (approved 
March 13, 2003), amended this section. Section 1 of ch. 438, Laws, 2003, effective from 
and after July 1, 2003 (approved March 18, 2003), also amended this section. As set out 
above, this section reflects the language of both amendments pursuant to Section 1-3-79 
which gives the Joint Legislative Committee on Compilation, Revision, and Publication 
authority to integrate amendments so that all versions of the same code section enacted 
within the same legislative session may become effective. The Joint Committee on 
Compilation, Revision, and Publication ratified the integration of these amendments as 
consistent with the legislative intent at the June 3, 2003, meeting of the Committee. 

Editor's Note — The preamble and § 1 of Laws of 2007, ch. 456, provide: 

"WHEREAS, autism is a complex developmental disability that typically appears 
during the first three (3) years of life and is part of a group of disorders known as Autism 
Spectrum Disorders (ASD); and 

"WHEREAS, as of the effective date of this act [March 26, 2007], at least one (1) in 
one hundred sixty-six (166) individuals in the United States is diagnosed with autism, 
making it more common than the occurrences in our population of pediatric cancer, 
diabetes, and AIDS combined; and 

"WHEREAS, autism impairs a person's ability to communicate and relate to others; 
is associated with rigid routines and repetitive behaviors, such as obsessively arranging 
objects or following very specific routines; is four (4) times more likely to strike boys 
than girls; and occurs in all racial, ethnic and social groups; and 

"WHEREAS, symptoms of the disability can range from very mild to quite severe, and 
autistic behaviors not only make life difficult for those individuals who suffer from the 
disability, but also make life hard for their families, health care providers and teachers; 
and 

"WHEREAS, families coping with this devastating illness are searching for answers 
about its causes, diagnosis, prevention and treatment, and while there is no known 
means to prevent the disability, there are indications that early intervention in an 
appropriate educational setting for at least two (2) years during the preschool years can 
result in significant improvements for many young children with the disorder; and 

"WHEREAS, the Mississippi Legislature recognizes that strategies for how to best 
identify, treat and accommodate the needs of individuals with autism and of their 
families are urgently needed in our state; NOW, THEREFORE," 

49 



§ 41-4-7 Public Health 

"SECTION 1. (1) The Caring for Mississippi Individuals with Autism Task Force is 
created to study and make recommendations to the Mississippi Legislature regarding 
the growing incidence of autism and Autism Spectrum Disorders (ASD), how to identify, 
treat and accommodate the needs of individuals with autism and ASD, and ways to 
improve the delivery and coordination of state services provided to individuals with 
autism and ASD. Members of the task force shall be composed of the following: 

"(a) Three (3) persons who are the parents of children with autism or ASD, with one 
(1) such person to be appointed by the Governor, one (1) to be appointed by the 
Lieutenant Governor, and one (1) to be appointed by the Speaker of the House; 

"(b) One (1) person who is a member of the governing body of a school district, to be 
appointed by the State Superintendent of Public Education; 

"(c) One (1) person who represents the State Department of Education, to be 
appointed by the State Superintendent of Public Education; 

"(d) One (1) person who is the director of special education services in a school district, 
to be appointed by the State Superintendent of Public Education; 

"(e) One (1) person who is a representative of the State Department of Mental Health, 
to be appointed by the executive director of the department; 

"(f) Three (3) persons who are representatives of the State Department of Mental 
Health who are from regions in the state that provide services to individuals with 
autism or ASD, to be appointed by the executive director of the department; 

"(g) One (1) person who is a representative of the University of Mississippi Medical 
Center and who provides medical or other services to individuals with autism or ASD, 
to be appointed by the Vice Chancellor of the University of Mississippi Medical Center; 

"(h) Two (2) persons who are Mississippi pediatricians engaged in the private practice 
of medicine and who provide treatment to individuals with autism or ASD, to be 
appointed by the Vice Chancellor of the University of Mississippi Medical Center; 

"(i) Two (2) persons who are licensed therapists appointed by the President of the 
Mississippi Speech Language and Hearing Association. 

"(2) The task force shall: 

"(a) Review the best practices of other states with regard to educational, medical and 
early intervention services provided to individuals diagnosed with autism or ASD and 
identify the best practices of other states; 

"(b) Review the standard of services provided by local Mississippi school districts and 
early intervention programs to individuals diagnosed with autism or ASD, identify any 
additional potential funding sources for school districts, and identify guidelines for 
measurable educational and instructional goals that can be used by members of the 
education community for serving children with autism or ASD; 

"(c) Assess the medical availability of services currently provided for early screening, 
diagnosis and treatment of autism and ASD and provide recommendations for enhanc- 
ing medical services; 

"(d) Identify the role of higher education in developing a workforce in Mississippi 
possessing the skills necessary to assist individuals with autism or ASD in medical, 
educational, and vocational efforts or in providing additional services associated with 
autism or ASD; 

"(e) Evaluate and identify any and all additional relevant information and make 
legislative recommendations regarding the development and implementation of a 
continuum of educational and medical services for individuals with autism or ASD; and 

"(f) File a report with those standing committees of the Mississippi State Legislature 
and with those state agencies having jurisdiction over specific recommendations of the 
task force, not later than December 1, 2007. 

"(3) The task force shall hold its first meeting not later than April 1, 2007, with the 
date, time and location of the meeting to be designated by the Governor. At that first 
meeting, the task force shall elect from among its membership a chairman, vice 
chairman and any other officers determined to be necessary, and shall set the date, time 
and location of its next meeting. 

50 



Department of Mental Health § 41-4-8 

"(4) The State Department of Mental Health shall provide the staff and other support 
necessary for the Caring for Mississippi Individuals with Autism Task Force to perform 
its duties." 

Section 25-43-1.101(3) states that any reference to Section 25-43-1 et seq. shall be 
deemed to mean and refer to Section 25-43-1.101 et seq. 

Amendment Notes — The 2008 amendment added the last sentence in (s). 

The 2009 amendment rewrote (c); added (gg); and made a minor stylistic change. 

Cross References — Authority of State Board of Mental Health with respect to 
design, construction and administration of Boswell Retardation Center, see § 41- 19- 
20S. 

Public educational services and equipment for exceptional children, including chil- 
dren with autism, see §§ 37-23-1 et seq. 

ATTORNEY GENERAL OPINIONS 

The Department of Mental Health may (MDMH) in this section does not apply to 

accept a donation of land, a house, and other state or federal agencies that may 

improvements from the Clarke College be a party to the lease agreement with the 

Alumni Association and the Department MDMH unless these entities have sepa- 

may allow the Association to retain the rate and distinct statutory authority to 

use of a portion of the house, provided waive the requirements of G.S. 7-11-11, 

such use is reserved by grant as a condi- 29-1-107, and 29-5-2. Anderson, July 7, 

2003 A G^O d °03 0188 HendnX ' M&y 9 ' 2003 > AG « °P- 03-0242. 

The Mississippi" Department of Mental The Mississippi Department of Mental 

Health may enter into long-term or multi- Health cannot ™ ter m *° a lon ^ term lease 

year leases of real and personal property agreements with another state agency un- 

without complying with the mandates of less that a S enc y has specific exemption 

G.S. 7-11-11, 29-1-107, or 29-5-2. Ander- authority from the lease requirements 

son, July 7, 2003, A.G. Op. 03-0242. found in GS - 7-11-11, 29-1-107, and 29- 

The exemption authority provided the 5 " 2 - Anderson, July 7, 2003, A.G. Op. 

Mississippi Department of Mental Health 03-0242. 

RESEARCH REFERENCES 

Practice References. Health Care Ad- Perlin, Mental Disability Law: Civil and 
ministration Library (CD-ROM) (Mat- Criminal, Second Edition (LexisNexis). 
thew Bender). 

JUDICIAL DECISIONS 

1. Immunity from tort. liability when a patient was injured alleg- 

When the Mississippi Department of edly because of a placement decision that 

Mental Health enacted policies and proce- was made for him while he was committed 

dures pursuant to Miss. Code Ann. § 41- to a state hospital. Dancy v. East Miss. 

4-7(g), it was acting in a discretionary State Hosp., 944 So. 2d 10 (Miss. 2006). 
fashion and was thus immune from tort 

§ 41-4-8. Falsification of diagnosis of Medic aid-eligible client 
for mental health benefits. 

(1) A person shall not make, present or cause to be made or presented a 
material falsification of diagnosis of a Medicaid-eligible client for a claim for 

51 



§ 41-4-9 Public Health 

Medicaid mental health services benefits, knowing the diagnosis and claim to 
be false, fictitious or fraudulent. 

(2) A person who violates this section shall be guilty of a felony and, upon 
conviction thereof, shall be punished by imprisonment for not more than five 
(5) years, or by a fine of not more than One Hundred Thousand Dollars 
($100,000.00), or both. 

(3) For purposes of subsection (1), if a regional mental health/retardation 
center submits claims for Medicaid reimbursement or other funds from the 
Department of Mental Health, the lack of a certified physician or psychologist 
evaluation of the client for such claim as required under Section 41-4-7(c), 
Mississippi Code of 1972, shall be deemed a material falsification of diagnosis 
by the person responsible for making or presenting such claim. 

SOURCES: Laws, 1997, ch. 587, § 5, eff from and after July 1, 1997. 

Editor's Note — Laws of 1997, ch. 587, § 1, provides as follows: 

"SECTION 1. This act shall be known and may be cited as the Mississippi Mental 

Health Reform Act of 1997. 

Cross References — Imposition of standard state assessment in addition to all 

court imposed fines or other penalties for any felony violation, see § 99-19-73. 

§ 41-4-9. Advisory councils. 

The State Board of Mental Health is hereby authorized and directed to 
create advisory councils to assist the board and department in the performance 
and discharge of their duties. 

SOURCES: Laws, 1974, ch. 567, § 5, eff from and after passage (approved April 
23, 1974). 

§ 41-4-11. Abolition of certain agencies, and transfer of au- 
thority, personnel and property to state board of mental 
health. 

(1) On July 1, 1974, the Board of Trustees of Mental Institutions of the 
State of Mississippi and the Mississippi Interagency Commission on Mental 
Illness and Mental Retardation shall be abolished. The authority now vested in 
the State Board of Health relating to mental health, drug misuse and 
alcoholism is hereby rescinded as of July 1, 1974. 

(2) As of July 1, 1974, the Mississippi State Hospital at Whitfield, the 
East Mississippi State Hospital at Meridian, the Ellisville State School at 
Ellisville, the North Mississippi Regional Center at Oxford, and any other 
mental or retardation facility that may be established, shall become subject to 
the jurisdiction and control of the State Department of Mental Health. 

(3) All duties, responsibilities, authority, power, assets, liabilities, con- 
tractual rights and obligations, and property rights, whether accruing or 
vesting in the abolished agencies before or after April 23, 1974, are hereby 
vested in the State Board of Mental Health. 

52 



Department of Mental Health § 41-4-15 

(4) The board upon recommendation of the executive director shall select 
the heads of divisions and institutions necessary to carry out the provisions of 
this chapter who shall have qualifications appropriate to the duties they must 
discharge. 

(5) Employees of the abolished agencies or divisions of agencies holding 
positions on June 30, 1974, shall be employees of the State Department of 
Mental Health on July 1, 1974. The board may combine or abolish positions as 
necessary to carry out the provisions of this chapter. 

(6) Subject to the provisions and limitations of this chapter as expressly 
set forth in Section 41-4-13, all offices, services, programs and other activities 
of the abolished agencies or divisions of agencies are hereby made offices, 
services, programs or other activities of the State Department of Mental 
Health, and the board is hereby authorized to reorganize such offices, services, 
programs or other activities so as to achieve economy and efficiency; and the 
said board may establish bureaus, divisions, hospitals, clinics, mental health 
centers, homes for the mentally retarded, or other facilities for providing 
mental health services if it finds such action to be in the public interest. 

SOURCES: Laws, 1974, ch. 567, § 6(1-6); Laws, 1992, ch. 336, § 23, eff from and 
after July 1, 1992. 

Cross References — Establishment of Boswell Regional Center, see §§ 41-19-201 et 
seq. 

JUDICIAL DECISIONS 

1. Service of process. and insufficient service of process because 

Although a state hospital and a state even though the defenses were properly 

mental health department were estab- and timely raised in their answer to a 

lished and controlled by Miss. Code Ann. wrongful death action, their subsequent 

§ 41-4-11(2) and Miss. Code Ann. § 41- participation in litigation and their failure 

4-5 and service of process was governed by to pursue the defenses for two years 

Miss. R. Civ. P. 4(d)(5), requiring service waived the defenses. East Miss. State 

upon the Attorney General, the entitles Hosp. v. Adams, 947 So. 2d 887 (Miss. 

waived the defenses of insufficient process 2007). 

§ 41-4-13. Purchases. 

All commodities, equipment and furniture purchased and supply contracts 
entered into by the board shall be in accord with the provisions of Title 31, 
Chapter 7, Mississippi Code of 1972. No purchases shall be made from, nor 
shall any sales be made to, any member of the board. 

SOURCES: Laws, 1974, ch. 567, § 6(7), eff from and after passage (approved 
April 23, 1974). 

§ 41-4-15. Repealed. 

Repealed by Laws, 1997, ch. 587, § 7, eff from and after July 1, 1997. 
[Laws, 1974, ch. 567, § 7] 

53 



§ 41-4-17 Public Health 

Editor's Note — Former § 41-4-15 provided that statutes empowering the State 
Department of Mental Health shall not affect or grant control over the regional mental 
health commissions or centers. 

§ 41-4-17. Children's rehabilitation center excepted from 
state board of mental health jurisdiction. 

Nothing herein contained shall operate to vest the State Board of Mental 
Health with any authority or jurisdiction over the Mississippi Children's 
Rehabilitation Center. 

SOURCES: Laws, 1974, ch. 567, § 8; Laws, 1981, ch. 498, § 8, eff from and after 
July 1, 1982. 

§ 41-4-19. Transfer of funds; issuance of warrants. 

The board, may with the approval of the commission of budget and 
accounting, require the transfer of funds appropriated for the use of agencies 
consolidated under the provisions of this chapter. Said funds shall be trans- 
ferred by the state auditor of public accounts to a separate account in the state 
treasury. The auditor shall issue his warrants upon requisitions signed by the 
proper person, officer or officers designated by the board. 

SOURCES: Laws, 1974, ch. 567, § 9, eff from and after passage (approved April 
23, 1974). 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor," and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer. 

Section 27-104-6 provides that whenever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

§ 41-4-21. Fiscal procedures. 

For the operations of all facilities placed under the control of the depart- 
ment and for all of its operations, the board shall adopt a uniform system of 
reporting and accounting approved by the state department of audit, and shall 
prepare an annual report to the legislature setting forth the disbursements of 
all moneys appropriated and specifying the facilities and activities upon which 
funds were expended. It shall prepare annually, or cause to be prepared, a 
budget for its total operation for the ensuing fiscal period in the manner and 
form as required by the legislative budget office. 

SOURCES: Laws, 1974, ch. 567, § 10; Laws, 1984, ch. 488, § 205, eff from and 
after July 1, 1984. 

Cross References — Joint Legislative Budget Committee and Legislative Budget 
Office, generally, see §§ 27-103-101 et seq. 

54 



Department of Mental Health § 41-4-23 

§ 41-4-23. Security guards and campus police at mental 
health or mental retardation facilities. 

(a) It will be the duty of the director of any mental health or mental 
retardation facility under the direction or control of the State Department of 
Mental Health to designate certain employees as security guards and campus 
police. The names, qualifications, and training of such campus police will be 
reported to the Executive Director of the State Department of Mental Health 
and spread upon the official minutes of the State Board of Mental Health. 

All campus police, subsequent to employment but prior to performing 
duties as campus police, will attend and satisfactorily complete the training 
course required for law enforcement officers at the Law Enforcement Officer's 
Training Academy or an equivalent facility. Campus police training may be at 
the expense of the Department of Mental Health and conditioned upon work 
repayment by the employee in accordance with educational leave regulations 
promulgated by the State Board of Mental Health. Failure to meet repayment 
obligations may result in revocation of law enforcement certification in the 
same manner provided in Section 37-101-291, Mississippi Code of 1972. A 
complete record of all law enforcement training of each employee will be 
maintained in each employee's record of employment. A master file of all such 
employees' training will be kept in the central office of the State Department of 
Mental Health. 

(b) All campus police will be duly constituted peace officers with powers 
and duties of a constable but such authority may be exercised only on the 
premises of institutions under the control of the State Department of Mental 
Health and public property immediately adjacent to such premises. Each 
person designated as a security guard or campus police will enter into bond in 
the penalty amount of not less than Ten Thousand Dollars ($10,000.00), the 
premium for which shall be paid by the facility employing such security guard 
or campus police. 

(c) All security guards and campus police will exercise their authority 
while in performance of their duty on any of the facilities under the direction 
or control of the State Department of Mental Health and public property 
immediately adjacent to such facilities; will be required to dress in uniforms 
prescribed by the State Board of Mental Health; and will be authorized to carry 
weapons. Employees designated as campus police shall be duly sworn and 
vested with authority to bear arms and make arrests, and shall exercise 
primarily the responsibilities of the prevention and detection of crime, the 
apprehension of criminals, and the enforcement of the ordinances and policies 
of the Department of Mental Health, a political subdivision of the State of 
Mississippi. Employees designated as campus police shall be considered law 
enforcement officers within the meaning of Section 45-6-3. 

SOURCES: Laws, 1976, ch. 478; Laws, 2002, ch. 359, § 1, eff from and after July 
1, 2002. 



55 



§ 41-4-25 Public Health 

Cross References — Failure to meet terms of educational loan contract as grounds 
for revocation of professional license earned through paid educational leave compen- 
sation granted under program for paid educational leave for study of certain health care 
professions, see § 37-101-291. 

§ 41-4-25. Director of mental health facility authorized to 
transfer patient to another department facility. 

Notwithstanding any other provision of law, the director of a Department 
of Mental Health facility has the authority to transfer any patient/resident to 
another Department of Mental Health facility as necessary for the welfare of 
that or any other patients/residents. 

SOURCES: Laws, 2002, ch. 467, § 1, eff from and after July 1, 2002. 

§ 41-4-27. Mental health crisis center in Brookhaven, Missis- 
sippi, named in honor of Senator Billy V. Harvey. 

The mental health crisis center located in Brookhaven, Mississippi, shall 
be named in honor of the late Senator Billy V. Harvey. The Department of 
Mental Health shall place a distinctive plaque in a prominent place within the 
crisis center, which states the background, accomplishments and service of the 
late Senator Billy V. Harvey to the State of Mississippi. 

SOURCES: Laws, 2007, ch. 529, § 2, eff from and after passage (approved Apr. 
18, 2007.) 



56 



CHAPTER 5 
Governing Authorities for State Hospitals and Institutions 

State Eleemosynary Institutions. [Repealed] 

Board of Trustees of Mental Institutions 41-5-31 

Penalties. [Repealed] 

STATE ELEEMOSYNARY INSTITUTIONS 
[REPEALED] 

Sec. 

41-5-1 through 41-5-13. Repealed. 

§§ 41-5-1 through 41-5-13. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 

§ 41-5-1. [Codes, 1942, §§ 6944, 6945; Laws, 1936, ch. 180] 

§ 41-5-3. [Codes, 1942, § 6954; Laws, 1936, ch. 180] 

§ 41-5-5. [Codes, 1942, § 6955; Laws, 1936, ch. 180; Laws, 1950, ch. 446; 
Laws, 1960, ch. 350; Laws, 1962, ch. 399] 

§ 41-5-7. [Codes, 1942, §§ 6950, 6956; Laws, 1936, ch. 180] 

§ 41-5-9. [Codes, 1942, § 6952.5; Laws, 1958, ch. 464, § 1; Laws, 1960, ch. 
349; Laws, 1966, ch. 445, § 17; Laws, 1966, ch. 454, § 1] 

§ 41-5-11. [Codes, 1892, § 2828; 1906, § 3209; Hemingway's 1917, 
§ 5726; 1930, § 4620; 1942, § 6975; Laws, 1970, ch. 393, § 1] 

§ 41-5-13. [Codes, 1930, § 4621; 1942, § 6976] 

Editor's Note — Former § 41-5-1 established the board of state eleemosynary 
institutions. 

Former § 41-5-3 specified when the board would meet, and provided for the election 
of officers. 

Former § 41-5-5 provided for the compensation of the board. 

Former § 41-5-7 specified the powers and duties of the board. 

Former § 41-5-9 authorized the employment of superintendents for each state 
charity hospitals. 

Former § 41-5-11 required the board to make certain reports to the legislature. 

Former § 41-5-13 required superintendents to make certain reports to board of 
trustees. 

BOARD OF TRUSTEES OF MENTAL INSTITUTIONS 

Sec. 

41-5-31 through 41-5-43. Repealed. 

41-5-44. Establishment of nursing home for mentally ill and mentally retarded. 

41-5-45 through 41-5-53. Repealed. 

41-5-55. Repealed. 

§§ 41-5-31 through 41-5-43. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

57 



§ 41-5-44 Public Health 

§ 41-5-31. [Laws, 1947, 1st Ex. Sess. ch. 9, § 1] 

§ 41-5-33. [Laws, 1947, 1st Ex. Sess. ch. 9, § 2] 

§ 41-5-35. [Laws, 1947, 1st Ex. Sess. ch. 9, § 3] 

§ 41-5-37. [Laws, 1947, 1st Ex. Sess. ch. 9, § 4; Laws, 1966, ch. 453, § 1] 

§ 41-5-39. [Laws, 1947, 1st Ex. Sess. ch. 9, § 4; Laws, 1966, ch. 453, § 1] 

§ 41-5-41. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 9, 10] 

§ 41-5-43. [Laws, 1948, ch. 415, §§ 1-3] 

Editor's Note — Former § 41-5-31 created the board of trustees of mental 
institutions. 

Former § 41-5-33 provided for the appointment, term of office and removal of 
members of the board of trustees of mental institutions and for the filling of vacancies. 

Former § 41-5-35 provided for the organizational meeting of the board of trustees of 
mental institutions and for the employment of an executive secretary. 

Former § 41-5-37 provided for the payment of per diem and travel expenses to 
members of the board of trustees of mental institutions. 

Former § 41-5-39 provided for regular and called meetings of the board of trustees of 
mental institutions and fixed a quorum. 

Former § 41-5-41 set out the general powers and duties of the board of trustees of 
mental institutions. 

Former § 41-5-43 vested the board of trustees of mental institutions with specific 
powers and authority to improve the institutions under its jurisdiction. 

The authority, personnel and property of the abolished board of trustees of mental 
institutions were transferred to the State Board of Mental Health. See § 41-4-11. 
Section 16 of the repealing act provided, in part, that "all powers, duties and 
responsibilities transferred by this act shall remain under the authority and control of 
existing state agencies until July 1, 1974." 

§ 41-5-44. Establishment of nursing home for mentally ill and 
mentally retarded. 

(a) The Board of Mental Health is hereby directed, if such is determined 
to be feasible by the board, to establish, equip, staff and operate nursing homes 
for mentally retarded patients. Said nursing homes shall be equipped, staffed 
and operated in accordance with the minimum standards established by the 
State Department of Health, and shall meet all the requirements for the 
admission and care of patients eligible for Medicare and Medicaid assistance 
as required by Titles XVIII and XIX of the Social Security Act, as amended. 

(b) Admission to the nursing homes shall be limited to those patients who 
have been admitted to the mental institutions or mental retardation centers or 
eligible for admission to the mental institutions or mental retardation centers 
according to state laws and who have been certified as eligible for Medicare or 
Medicaid assistance as determined by the provisions of Mississippi laws 
governing the administration of Titles XVIII and XIX of the Social Security 
Act, as amended. 

(c) The purpose of this section is to provide a nursing facility within the 
environs of the former Tuberculosis Sanatorium of Mississippi, thereby pro- 
viding a needed service to eligible patients by making use of available 
buildings and resources for their care and constituting an additional service 
rendered by the institution. 

58 



Governing Authorities § 41-5-53 

SOURCES: Laws, 1973, ch. 497, § 1; Laws, 1980, ch. 493, § 12; Laws, 1983, ch. 
522, § 51; Laws, 1986, ch. 437, § 12, eff from and after July 1, 1986. 

Cross References — Establishment and operation of Boswell Regional Center as 
supplemental to this section, see §§ 41-19-201 through 41-19-213. 

Procedures for and individual's procedural and substantive rights during the initial 
involuntary commitment hearing and thereafter, see §§ 41-21-61 et seq. 

Definition of a mentally ill and mentally retarded person under provisions for 
treatment of persons in need of mental health treatment, see § 41-21-61. 

Director's transfer of civilly commited patients between facilities operated by 
department of mental health, see § 41-21-87. 

Voluntary admission of mentally ill and retarded persons of particular age or marital 
status, see § 41-21-103. 

Federal Aspects — Titles XVIII and XIX of the Social Security Act, see 42 USCS 
§ 1395 et seq. 

RESEARCH REFERENCES 

Practice References. Health Care Ad- Carlson, Long-Term Care Advocacy 

ministration Library (CD-ROM) (Mat- (Matthew Bender), 
thew Bender). 

Perlin, Mental Disability Law: Civil and 
Criminal, (LexisNexis). 

§§ 41-5-45 through 41-5-53. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

§ 42-5-45. [Laws, 1947, 1st Ex. Sess. ch. 9, § 14] 

§ 41-5-47. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 12, 13; Laws, 1970, ch. 521, 
§ 1] 

§ 41-5-49. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 12, 13; Laws, 1970, ch. 521, 
§ 2] 

§ 41-5-51. [Laws, 1947, 1st Ex. Sess. ch. 9, § 5] 

§ 41-5-53. [Laws, 1947, 1st Ex. Sess. ch. 9, § 7] 

Editor's Note — Former § 41-5-45 dealt with the keeping of the records and 
accounts of the board of trustees of mental institutions, required them to be open for 
public inspection, and required the board to inspect the mental institutions regularly 
and frequently. 

Former§ 41-5-47 required the board of trustees of mental institutions to provide a 
uniform accounting system for the mental institutions, to make an annual report to the 
legislature, to prepare an annual budget for each institution, and to be the exclusive 
representative of the mental institutions in dealing with the legislature. 

Former § 41-5-49 contained specific requirements as to the form and contents of the 
annual report made to the Legislature by the board of trustees of mental institutions. 

Former § 41-5-51 abolished the office of superintendent for each mental institution 
under the jurisdiction of the board of trustees of mental institutions. 

Former § 41-5-53 dealt with the employment, qualifications, compensation, powers, 
authority, duties, and removal of a director for each institution under the jurisdiction of 
the board of trustees of mental institutions. 

59 



§ 41-5-55 Public Health 

§ 41-5-55. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-5-55. [Codes, 1942, § 6946-11; Laws, 1947, 1st Ex. Sess. ch. 9, § 11; 
Laws, 1974, ch. 567, § 11, eff from and after passage (approved April 23, 
1974).! 

Editor's Note — Former § 41-5-55 prohibited the apprenticing of mentally ill or 
mentally retarded patients. 

PENALTIES 
[REPEALED] 

Sec. 

41-5-81. Repealed. 

§ 41-5-81. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-5-81. [Codes, 1930, § 4617; 1942, § 6972; Laws, 1924, ch. 307.1 

Editor's Note — Former § 41-5-81 provided certain criminal penalties for appren- 
ticing mentally ill or mentally retarded patients. 



60 



CHAPTER 7 
Hospital and Health Care Commissions 

State Hospital Commission; Indigent Care Law 41-7-1 

Hospital Reimbursement Commission 41-7-71 

Health Care Commission 41-7-111 

Health Care Certificate of Need Law of 1979 41-7-171 

Statewide Health Coordinating Council. [Repealed] 
Health Maintenance Organizations. [Repealed] 

STATE HOSPITAL COMMISSION; INDIGENT CARE LAW 

Sec. 

41-7-1 through 41-7-19. Repealed. 

41-7-21. Local boards of trustees may enact rules and regulations. 

41-7-23 through 41-7-33. Repealed 

41-7-35. Hospitals may not exact additional payments from patients. 

41-7-37. Repealed. 

41-7-39. Wrongfully obtaining care, treatment or hospitalization. 

41-7-41 and 41-7-43. Repealed. 

41-7-45. Laws governing funds to apply. 

§§ 41-7-1 through 41-7-19. Repealed. 

Repealed by Laws, 1986, ch. 437, § 6, eff from and after July 1, 1986. 

§ 41-7-1. [Codes, 1942, § 7130; Laws, 1936, ch. 178] 

§ 41-7-3. [Codes, 1942, § 7131; Laws, 1936, ch. 178; Laws, 1978, ch. 369, 
§ 1] 

§ 41-7-5. [Codes, 1942, § 7145; Laws, 1936, ch. 178] 

§ 41-7-7. [Codes, 1942, § 7146; Laws, 1936, ch. 178] 

§ 41-7-9. [Codes, 1942, § 7132; Laws, 1936, ch. 178; Laws, 1944, ch. 278; 
Laws, 1946, ch. 378; Laws, 1950, ch. 460; Laws, 1960, ch. 354, § 1; Laws, 1962, 
ch. 406, § 1; Laws, 1964, ch. 432, § 1; Laws, 1976, ch. 343; Laws, 1982, ch. 
458.] 

§ 41-7-11. [Codes, 1942, § 7134; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 2] 

§ 41-7-13. [Codes, 1942, § 7136; Laws, 1936, ch. 178; Laws, 1938, ch. 327; 
Laws, 1960, ch. 354, § 4; Laws, 1981, ch. 404, § 1] 

§ 41-7-15. [Codes, 1942, § 7135; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 3] 

§ 41-7-17. [Codes, 1942, § 7137; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 5; Laws, 1964, ch. 433, § 1] 

§ 41-7-19. [Codes, 1942, § 7140; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 8] 

Editor's Note — Former § 41-7-1 created the State Hospital Commission, and 
specified its membership. 

Former § 41-7-3 directed that the commission be organized and personnel be 
selected. 

61 



§ 41-7-21 Public Health 

Former § 41-7-5 specified the terms of members of the commission and their 
compensation. 

Former § 41-7-7 specified quorum requirements for commission meetings. 

Former § 41-7-9 specified the duties of the commission. 

Former § 41-7-11 pertained to the establishment of minimum requirements for a 
standard hospital. 

Former § 41-7-13 specified eligibility requirements for reimbursement for the care of 
indigent persons. 

Former § 41-7-15 provided for certificates of eligibility and compliance. 

Former § 41-7-17 provided for the establishment of local boards of trustees. 

Former § 41-7-19 directed that local boards of trustees visit standard hospitals. 

Laws of 1986, ch. 437, §§ 1, 2, effective from and after July 1, 1986, provide as 
follows: 

"SECTION 1. This act shall be known and may be cited as the Mississippi Health 
Services Reorganization Act of 1986. 

"SECTION 2. All records, property and unexpended balances of appropriations, 
allocations or other funds of any agency abolished or affected by this act shall be 
transferred to the appropriate agency according to the merger of their functions under 
this act." 

§ 41-7-21. Local boards of trustees may enact rules and regu- 
lations. 

The board of trustees for such hospital or hospitals are authorized to adopt 
such other rules and regulations as may become necessary in each community 
to protect the patients and charity fund, and to make an equitable distribution 
of said funds in said counties and districts in the territories served by their 
respective institutions. 

SOURCES: Codes, 1942, § 7141; Laws, 1936, ch. 178. 

§§ 41-7-23 through 41-7-33. Repealed. 

Repealed by Laws 1986, ch. 437, § 6, eff from and after July 1, 1986. 

§ 41-7-23. [Codes, 1942, § 7139; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 7] 

§ 41-7-25. [Codes, 1942, § 7139; Laws, 1936, ch. 178; Laws, 1960, ch. 354, 
§ 7] 

§ 41-7-27. [Codes, 1942, § 7138; Laws, 1936, ch. 178; Laws, 1938, ch. 267; 
Laws, 1960, ch. 354, § 6; Laws, 1964, ch. 434, § 1; Laws, 1972, ch. 424, § 1; 
Laws, 1977, ch. 345; Laws, 1980, ch. 409] 

§ 41-7-29. [Codes, 1942, § 7138-01; Laws, 1946, ch. 482, §§ 1-5; Laws, 
1960, ch. 354, § 13] 

§ 41-7-31. [Codes, 1942, § 7138; Laws, 1936, ch. 178; Laws, 1938, ch. 267; 
Laws, 1960, ch. 354, § 6; Laws, 1964, ch. 434, § 1] 

§ 41-7-33. [Codes, 1942, § 7142; Laws, 1936, ch. 178; Laws, 1962, ch. 406, 
§ 2; Laws, 1964, ch. 434, § 2] 

Editor's Note — Former § 41-7-23 directed local boards to make certain reports. 

Former § 41-7-25 specified reimbursement procedures. 

Former § 41-7-27 pertained to admission of patients and certificates of eligibility. 

62 



Hospital & Health Care Comms. § 41-7-39 

Former § 41-7-29 pertained to admission of patients having cancer. 

Former § 41-7-31 required the state hospital commission to make reports concerning 
treatments. 

Former § 41-7-33 required the state hospital commission to make reports concerning 
expenditures. 

§ 41-7-35. Hospitals may not exact additional payments from 
patients. 

No hospital shall be allowed to charge, accept or retain any additional 
payment from or in behalf of any indigent patient for hospital services 
rendered while being cared for under the terms of Sections 41-7-1 through 
41-7-45, unless it appears that the patient was wrongfully or mistakenly 
qualified or admitted as an indigent patient. This section shall not be 
construed, however, to prohibit any hospital from charging, accepting or 
retaining lawful payments or contributions from governmental or other public 
sources or from philanthropic or charitable sources having an impersonal 
interest in the patients involved. 

SOURCES: Codes, 1942, § 7132; Laws, 1936, ch. 178; Laws, 1944, ch. 278; Laws, 
1946, ch. 378; Laws, 1950, ch. 460; Laws, 1960, ch. 354, § 1; Laws, 1962, ch. 
406, § 1; Laws, 1964, ch. 432, § 1, eff from and after June 30, 1964. 

Editor's Note — This section contains a reference to §§ 41-7-1 through 41-7-45. All 
of these sections, except for §§ 41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by 
Law of, 1986, ch. 437, § 6, eff from and after July 1, 1986. 

Cross References — Power of board of supervisors to make contributions, see 
§ 19-5-93. 

Municipal contributions for hospital purposes, see §§ 21-19-5, 21-19-7. 

§ 41-7-37. Repealed. 

Repealed by Laws, 1979, ch. 400, § 2, eff from and after July 1, 1979. 
[En Laws, 1960, ch. 354, § 11] 

Editor's Note — Former § 41-7-37 prohibited physicians on the staffs of hospitals 
participating in the indigent care program from taking fees for medical or surgical 
services rendered indigent patients. 

§ 41-7-39. Wrongfully obtaining care, treatment or hospitali- 
zation. 

Any person knowingly obtaining or attempting to obtain, or any person, 
firm or corporation who knowingly aids or abets any person to obtain, or 
attempt to obtain, by means of a willfully false statement or representation or 
impersonation, or other fraudulent device, any care, treatment or hospitaliza- 
tion provided by the provisions of Sections 41-7-1 through 41-7-45, to which he 
is not lawfully entitled shall be deemed guilty of a misdemeanor and upon 
conviction thereof shall be punished as provided by law. 

63 



§ 41-7-41 Public Health 

SOURCES: Codes, 1942, § 7144.5; Laws, 1960, ch. 354, § 12, eff July 1, 1960. 

Editor's Note — This section contains a reference to §§ 41-7-1 through 41-7-45. All 
of these sections, except for §§ 41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by 
Laws of 1986, ch. 437, § 6, eff from and after July 1, 1986. 

§§ 41-7-41 and 41-7-43. Repealed. 

Repealed by Laws, 1986, ch. 437, § 6, eff from and after July 1, 1986. 

§ 41-7-41. [Codes, 1942, § 7133; Laws, 1936, ch. 178] 

§ 41-7-43. [Codes, 1942, § 7143; Laws, 1936, ch. 178; Laws, 1962, ch. 406, 

§ 2; Laws, 1964, ch. 434, § 2; Laws, 1970, ch. 416, § 1; Laws, 1981, ch. 404, 

§ 2; Laws, 1983, ch. 501] 

Editor's Note — Former § 41-7-41 authorized the commission to take steps 
necessary to obtain federal funds. 

Former § 41-7-43 pertained to the allocation of funds appropriated for the support of 
qualified hospitals. 

§ 41-7-45. Laws governing funds to apply. 

All sums of money that may be appropriated to carry out the provisions of 
Sections 41-7-1 through 41-7-45 shall be expended only pursuant to appropri- 
ation approved by the Legislature and as provided by law. 

SOURCES: Codes, 1942, § 7144; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 10; 
Laws, 1984, ch. 488, § 206, eff from and after July 1, 1984. 

Editor's Note — This section contains a reference to §§ 41-7-1 through 41-7-45. All 
of these sections, except for §§ 41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by 
Laws of 1986, ch. 437, § 6, eff from and after July 1, 1986. 

Laws of 1984, ch. 488, § 341, provides as follows: 

"SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action which accrued prior to the date on which the 
applicable sections of this act become effective, whether such assessments, appeals, 
suits, claims or actions shall have been begun before the date on which the applicable 
sections of this act become effective or shall thereafter be begun." 

HOSPITAL REIMBURSEMENT COMMISSION 

Sec. 

41-7-71. Declaration of policy. 

41-7-73. State institutions enumerated. 

41-7-75 and 41-7-77. Repealed. 

41-7-79. Assessment and collection of charges by state institutions. 

41-7-81 through 41-7-85. Repealed. 

41-7-87. No priority in admitting patients to institutions. 

41-7-89. Repealed. 

41-7-90. Patient's personal deposit fund; applied to payment of care; disposition 

of personal property. 
41-7-91. Deposit of funds. 

41-7-93. Repealed. 

41-7-95. Moneys exempted; certain sections not repealed. 

64 



Hospital & Health Care Comms. § 41-7-71 

§ 41-7-71. Declaration of policy. 

It is hereby declared to be the policy of the State of Mississippi that a 
patient or resident in a state institution whose estate is sufficient, or, if not, 
who has (a) a spouse; or (b) one or more parent(s) if said patient or resident is 
under the age of twenty-one (21) years and unmarried, who is(are) financially 
able to pay all or any part of the cost of such hospitalization or treatment, shall 
be required to pay for all or part of his or her maintenance in such institution. 
No resident of this state shall be refused admission to or treatment in any of 
the institutions enumerated in Section 41-7-73 because of his inability to pay 
all or any of said costs. It shall be the duty of the director or the governing 
board, as appropriate, of the admitting institution to ascertain the financial 
ability of the patient or resident and to establish an amount to be paid monthly 
based on current ability to pay, with a continuing claim for the difference in the 
amount paid and the maximum charges assessed that could be made as 
determined pursuant to Section 41-7-79. 

SOURCES: Codes, 1942, § 7146.7-01; Laws, 1962, ch. 410, § 1; Laws, 1983, ch. 
337; Laws, 1986, ch. 437, § 8; Laws, 1988, ch. 445, § 1, eff from and after July 
1, 1988. 

Cross References — Sliding scale fees, see § 41-7-79. 

JUDICIAL DECISIONS 

1. In general. care or treatment rendered prior to the 

The provisions of §§ 41-7-71 et seq., statutes' effective date. Chill v. Mississippi 

which empowered the Mississippi Hospi- Hosp. Reimbursement Comm'n, 429 So. 

tal Reimbursement Commission to seek 2d 574 (Miss. 1983). 

reimbursement from the estate of one Hospital's contract with state commis- 

civilly and involuntarily committed for all sion on hospital care involving state grant 

or part of the cost of care and treatment of aid ' whereby the hospital agreed to 

rendered by a state hospital, constitute an furn ish up to 10 per cent of the bed capac- 

exception to the general rule of § 41-17-1 ity free to indigent patients, does not 

that persons are entitled to treatment at contemplate the use of state funds to 

the Mississippi State Hospital "free of reimburse the hospital for charity pa- 

n „ ^ . *\. , . tients, in view of the facts that a state 

charge ; moreover, in an action seeking charity h m wag alread located fa ^ 

reimbursement from the estate of one game county? that there ig no authorit in 

civilly and involuntarily committed, those the commiss i on to make such reimburse- 

provisions did not operate as ex post facto mentj and that the hospital agreed that no 

laws, since a previous act required reim- suc h reimbursement could or would be 

bursement from solvent incompetent per- requested. Craig v. Mercy Hospital-Street 

sons for care and treatment at state men- Mem., 209 Miss. 427, 45 So. 2d 809 (1950), 

tal hospitals, and since the Commission error overruled, 209 Miss. 490, 47 So. 2d 

claimed nothing against the estate for 867 (1950). 

RESEARCH REFERENCES 

ALR. Infant's liability for medical, den- 
tal, or hospital services. 53 A.L.R.4th 
1249. 

65 



§ 41-7-73 Public Health 

§ 41-7-73. State institutions enumerated. 

The term "state institution" or "state institutions" as used in Sections 
41-7-71 through 41-7-95 shall include the following: Mississippi State Hospital 
at Whitfield, Ellisville State School, East Mississippi State Hospital at 
Meridian, Mississippi Children's Rehabilitation Center, North Mississippi 
Regional Center, Hudspeth Regional Center, South Mississippi Regional 
Center, North Mississippi State Hospital at Tupelo, South Mississippi State 
Hospital at Purvis, University of Mississippi Hospital, Boswell Regional 
Center, the Mississippi Adolescent Center at Brookhaven, the Specialized 
Treatment Facility for the Emotionally Disturbed in Harrison County, and the 
Central Mississippi Residential Center at Newton. 

SOURCES: Codes, 1942, § 7146.7-04; Laws, 1962, ch. 410, § 4; Laws, 1975, ch. 
365; Laws, 1981, ch. 539, § 4; Laws, 1986, ch. 437, § 9; Laws, 1992, ch. 336, 
§ 22; Laws, 2002, ch. 350, § 1; Laws, 2009, ch. 563, § 14, eff from and after 
passage (approved May 13, 2009.) 

Editor's Note — Sections 41-7-75 and 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 
41-7-93 referred to in this section were repealed by Laws of 1986, ch. 437, § 7, effective 
from and after July 1, 1986. 

Amendment Notes — The 2009 amendment substituted "Mississippi Adolescent 
Center" for "Juvenile Rehabilitation Center" near the end of the paragraph. 

Cross References — University of Mississippi Hospital, see §§ 37-115-25 et seq. 

Prohibition against refusal to admit or treat a person, see § 41-7-71. 

Deposit with director or other officer of state institution funds for personal benefit of 
patients, see § 41-7-90. 

Authorization for directors of state institutions listed in this section to accept federal 
aid to care for wartime veterans, see § 41-17-11. 

Assessment of support and maintenance costs of patients at Boswell Retardation 
Center, see § 41-19-209. 

§§ 41-7-75 and 41-7-77. Repealed. 

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986. 
§ 41-7-75. [Codes, 1942, § 7146.7-02; Laws, 1962, ch. 410, § 2] 
§ 41-7-77. [Codes, 1942, § 7146.7-08; Laws, 1962, ch. 410, § 8] 

Editor's Note — Former § 41-7-75 created the hospital reimbursement commission, 
and specified its members. 

Former § 41-7-77 directed the capitol commission to furnish suitable office space for 
the hospital reimbursement commission. 

§ 41-7-79. Assessment and collection of charges by state insti- 
tutions. 

Each state institution shall have the power to assess and collect charges 
from patients, patients' estates and from all persons legally liable for the cost 
of care of such patients in such state institution. The maximum charges which 
may be made shall be based on the estimated cost of operating the institution, 
and such costs shall include a reasonable amount for depreciation. The director 



Hospital & Health Care Comms. § 41-7-79 

or the governing board of each institution, as appropriate, shall investigate or 
cause to be investigated the financial ability of each patient, his or her estate, 
and all other persons legally liable for the cost or care of the patient, and the 
charges assessed shall be in accordance with the ability of the person assessed 
to pay. 

The Director of the Mississippi Children's Rehabilitation Center or the 
governing board of the center, as appropriate, upon conclusion of the investi- 
gation of the financial ability of each patient and all other persons legally liable 
for the cost of care of the patient, shall assess a fee against each patient based 
on the financial ability of such patient or others legally liable for such patient 
to pay. The fee shall be adjustable and commensurate with the patient's 
financial ability to pay. In order to receive the benefits of the sliding scale fee 
each patient is required to provide for the Children's Rehabilitation Center 
sufficient financial information in order to allow the center to make a 
determination as to whether or not a reduced fee is appropriate. The center 
shall not utilize such fee scale for any patient unless the patient has a need for 
additional treatment, and has no insurance covering his treatment or such 
insurance is exhausted. The Children's Rehabilitation Center shall make every 
effort to collect the total charges from a patient, the patient's estate and from 
all persons legally liable for the cost of care of the patient before it may utilize 
a sliding fee scale for the patient. 

After three (3) good faith attempts have been made to collect a remaining 
balance of such charges, and upon the recommendation of the Children's 
Rehabilitation Center fiscal officer, said balance may be declared uncollectible 
and worthless, and no longer listed as an asset. 

In the determination of ability to pay, the director or governing board shall 
not work an undue hardship on any patient or person legally responsible for 
such a patient. The value of a homestead shall not be considered in determin- 
ing the ability to pay. The number of dependents of a patient or the party 
legally responsible for such patient shall be considered in determining ability 
to pay. The value of real and/or personal property may also be considered. 

The director or the governing board, as appropriate, shall have authority to 
enter into agreements with the patients or others legally liable whereby periodic 
payments can be made on said accounts. The director or governing board may 
accept notes, secured or open, or any other evidences of indebtedness. 

The director or the governing board, as appropriate, of each state institution 
shall have the right to institute suits where necessary or advisable, and it shall 
be the duty of the Attorney General to institute such suits either in the name of 
the institution or in the name of the State of Mississippi. Except in matters 
involving the administration of estates, the probate of wills or the appointment of 
guardians or conservators, venue for such suits shall lie in the county in which 
the institution is located, and the venue shall not be subject to change. 

SOURCES: Codes, 1942, §§ 7146.7-01, 7146.7-05; Laws, 1962, ch. 410, §§ 1, 5; 
Laws, 1981, ch. 539, § 2; Laws, 1986, ch. 437, § 10; Laws, 1988, ch. 445, § 2, 
eff from and after July 1, 1988. 

67 



§ 41-7-81 Public Health 

Cross References — Suits by Attorney General on behalf of state and state officers, 
see §§ 7-5-37, 7-5-39. 

Duty of the director of the admitting institution to ascertain the financial ability of a 
patient or resident to pay, see § 41-7-71. 

Application of funds in patient's personal deposit fund to payment of care, see 
§ 41-7-90. 

Provision that, after death or discharge of patient, any unexpended balance remain- 
ing in his personal deposit fund shall be applied for payment of care and other costs, not 
to exceed the maximum charge that could be made under this section, see § 41-7-90. 

§§ 41-7-81 through 41-7-85. Repealed. 

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986. 

§ 41-7-81. [Codes, 1942, § 7146.7-09; Laws, 1962, ch. 410, § 9; Laws, 
1984, ch. 488, § 207] 

§ 41-7-83. [Codes, 1942, § 7146.7-03; Laws, 1962, ch. 410, § 3; Laws, 
1981, ch. 539, § 3] 

§ 41-7-85. [Codes, 1942, § 7146.7-09; Laws, 1962, ch. 410, § 9] 

Editor's Note — Former § 41-7-81 directed the hospital reimbursement commission 
to file monthly reports. 

Former § 41-7-83 provided for a director of the hospital reimbursement commission. 

Former § 41-7-85 directed the heads of state institutions to file reports reflecting 
financial ability of all patients, and authorized the acceptance of payments from 
patients on accounts. 

§ 41-7-87. No priority in admitting patients to institutions. 

No state institution shall give admission priority because of a patient's 
ability to pay. However, nothing in this section shall in any way affect the 
duties, responsibilities and requirements imposed on the University of Missis- 
sippi Hospital by Sections 37-115-25, 37-115-31, Mississippi Code of 1972. 

SOURCES: Codes, 1942, § 7146.7-10; Laws, 1962, ch. 410, § 10, eff from and after 
July 1, 1962. 

§ 41-7-89. Repealed. 

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986. 
[Codes, 1942, § 7146.7-06; Laws, 1962, ch. 410, § 6] 

Editor's Note — Former § 41-7-89 directed other state agencies, departments and 
institutions to cooperate with the hospital, reimbursement commission. 

§ 41-7-90. Patient's personal deposit fund; applied to pay- 
ment of care; disposition of personal property. 

(1) Any funds given or provided for the purpose of supplying extra 
comforts, conveniences or services to any patient in any state institution 
enumerated in Section 41-7-73, and any funds otherwise received and held 
from, for or on behalf of any such patient, shall be deposited by the director or 

68 



Hospital & Health Care Comms. § 41-7-93 

other proper officer of the institution to the credit of that patient in an account 
which shall be known as the Patient's Personal Deposit Fund. Whenever the 
sum belonging to any patient, deposited to the patient's personal deposit fund, 
exceeds the sum of Seven Hundred Fifty Dollars ($750.00), the excess may be 
applied to the payment of the care, support, maintenance and medical 
attention of the patient. 

(2) After the death or discharge of any patient for whose benefit any such 
fund has heretofore or shall hereafter be provided, any unexpended balance 
remaining in his personal deposit fund shall be applied for payment of care, 
cost of support, maintenance and medical attention, not to exceed the maxi- 
mum charge that could be made as determined pursuant to Section 41-7-79. In 
the event any unexpended balance remains in that patient's personal deposit 
fund after complete reimbursement has been made for payment of care, 
support, maintenance and medical attention, and the director or other proper 
officer of the state institution has been or shall be unable to locate the person 
or persons entitled to such unexpended balance, the director or other proper 
officer may, after the lapse of one (1) year from the date of such death or 
discharge, deposit the unexpended balance to the credit of that institution's 
operating fund. 

(3) All personal property, other than money, left by a patient at any state 
institution which has remained unclaimed for one (1) year shall be disposed of 
in any manner determined by the director or other proper officer of the 
institution. 

(4) The provisions of Section 43-13-120 shall not be applicable to any 
Medicaid patient in a state institution listed in Section 41-7-73, who has a 
personal deposit fund as provided for in this section. 

SOURCES: Laws, 1981, ch. 539, § 1; Laws, 1986, ch. 437, § 11, eff from and after 
July 1, 1986. 

§ 41-7-91. Deposit of funds. 

All funds collected under the provisions of Sections 41-7-71 through 
41-7-95 shall be deposited in the state treasury to the credit of the operating 
fund of the institution where the patient is confined or is receiving treatment. 

SOURCES: Codes, 1942, § 7146.7-07; Laws, 1963, ch. 410, § 7, eff from and after 
July 1, 1962. 

Editor's Note — Sections 41-7-75, 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 
41-7-93, referred to in this section, were repealed by Laws of 1986, Ch. 437, § 7, 
effective from and after July 1, 1986. 

§ 41-7-93. Repealed. 

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986. 
[Codes, 1942, § 7146.7-07; Laws, 1962, ch. 410, § 7] 

69 



§ 41-7-95 Public Health 

Editor's Note — Former § 41-7-93 provided that the salaries and expenses of the 
director of the hospital reimbursement commission would be prorated against the 
several state institutions. 

§ 41-7-95. Moneys exempted; certain sections not repealed. 

All moneys collected under the provisions of Section 11-7-13 of the 
Mississippi Code of 1972, shall be exempted from the provisions of Sections 
41-7-71 through 41-7-95. 

Nothing in Sections 41-7-71 through 41-7-95 shall be construed as 
repealing Sections 85-3-17 and 85-3-19. 

SOURCES: Codes, 1942, §§ 7146.7-12, 7146.7-13; Laws, 1962, ch. 410, §§ 12, 13, 
eff from and after July 1, 1962. 

Editor's Note — Sections 41-7-75, 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 
41-7-93, referred to in this section, were repealed by Laws of 1986, Ch. 437, § 7, 
effective from and after July 1, 1986. 

HEALTH CARE COMMISSION 

Sec. 

41-7-111 through 41-7-131. Repealed. 

41-7-133. Utilization of federal funds. 

41-7-135 through 41-7-139. Repealed. 

41-7-140. Continuing education program for hospital trustees. 

41-7-141 and 41-7-143. Repealed. 

41-7-145. Conveyance of existing hospital facilities or other property. 

41-7-147. Repealed. 

41-7-149. Annual audit. 

§§ 41-7-111 through 41-7-131. Repealed. 

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979. 

§ 41-7-111. [Laws, 1946, ch. 363, § 1; Laws, 1948, ch. 433, § 1; Laws, 
1970, ch. 417, § 1] 

§ 41-7-113. [Laws, 1946, ch. 363, § 2; Laws, 1948, ch. 433, § 2; Laws, 
1958, ch. 364, § 1; 1966, ch. 445, § 20] 

§ 41-7-115. [Laws, 1946, ch 363, § 3; Laws, 1954, ch. 286, § 1] 

§ 41-7-117. [Laws, 1946, ch. 363, § 4; Laws, 1954, ch. 286, § 2] 

§ 41-7-119. [Laws, 1946, ch. 363, § 5; Laws, 1948, ch. 433, § 3; Laws, 
1954, ch. 286, § 3; Laws, 1958, ch. 364, § 2] 

§ 41-7-121. [Laws, 1946, ch. 363, § 5; Laws, 1948, ch. 433, § 3; Laws, 
1954, ch. 286, § 3; Laws, 1958, ch. 364, § 2] 

§ 41-7-123. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 
1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1] 

§ 41-7-125. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 
1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1] 

§ 41-7-127. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 
1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1] 

70 



Hospital & Health Care Comms. § 41-7-133 

§ 41-7-129. [Laws, 1962, ch. 412, §§ 1, 2] 

§ 41-7-131. [Laws, 1946, ch. 363, § 13; Laws, 1954, ch. 286, § 8] 

Editor's Note — Former § 41-7-111 created the Mississippi Commission on Hospital 
Care and provided for the appointment of members, terms of office, the filling of 
vacancies, the organization of the commission, and the per diem and travel expenses of 
members. 

Former § 41-7-113 dealt with the rules and records of the commission on hospital 
care, the employment of an executive director and other employees, and the procure- 
ment of space, equipment and supplies. 

Former § 41-7-115 dealt with the general powers and duties of the commission on 
hospital care. 

Former § 41-7-117 made it the duty of the commission on hospital care to prepare a 
state-wide hospital plan, to conduct studies and surveys, and to report findings and 
recommendations to the legislature at each regular session. 

Former § 41-9-119 provided for grants-in-aid by the commission on hospital care for 
hospitals and other health care facilities, including schools of nursing, and placed limits 
on the size and number of such grants. 

Former § 41-7-121 dealt with applications to the commission on hospital care for 
grants-in-aid for hospital and other health care facilities. 

Former § 41-7-123 set out the details for the making of grants-in-aid for hospitals 
and other health care facilities by the commission on hospital care. 

Former § 41-7-125 provided for a twenty-year inchoate lien in favor of the state on 
property of hospitals or other health care facilities receiving grants-in-aid from the 
commission on hospital care, with the right to recover upon the occurrence of certain 
specified events. 

Former § 41-7-127 set out the conditions under which the inchoate lien provided for 
in former § 41-7-125 might be released by the state and provided the method for so 
doing. 

Former § 41-7-129 provided for grants-in-aid for student nurse dormitories on 
campuses of junior colleges. 

Former § 41-7-131 provided for grants-in-aid for the purchase, reconstruction or 
remodeling of existing hospital or other health facilities. 

§ 41-7-133. Utilization of federal funds. 

Federal funds, if available, may be utilized to increase, expand or enlarge 
(1) any hospital or other health facility provided for and constructed in part by 
a grant under Sections 41-7-111 through 41-7-149, or (2) any hospital con- 
structed in part by a grant under said sections, so as to provide for diagnostic 
or treatment centers and/or hospitals for the chronically ill and impaired 
and/or rehabilitation facilities and/or nursing homes, to be operated in connec- 
tion with such hospital. However, such federal funds shall not be included in 
computing the cost of such construction for the purpose of determining the 
maximum amount of the grant of state funds. Such state funds, together with 
locally provided funds, may be used, however, for the purpose of matching any 
available federal funds. In determining the cost of any such construction, there 
may be included the fair market value of any equipment, material or building 
donated or otherwise made permanently available by any local group, political 
subdivision or individual, but the value of the services of any such group or 
person shall not be included. 

71 



§ 41-7-135 Public Health 

SOURCES: Codes, 1942, § 7146-07; Laws, 1946, ch. 363, § 7; Laws, 1954, ch. 286, 
§ 5; Laws, 1958, ch. 355, § 3. 

Editor's Note — Sections 41-7-111 through 41-7-131, 41-7-135 through 41-7-139, 
41-7-141, 41-7-143 and 41-7-147, referred to in this section, were repealed by Laws of 
1979, ch. 451, § 26, eff from and after July 1, 1979. 

§§ 41-7-135 through 41-7-139. Repealed. 

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979. 

§ 41-7-135. [Laws, 1946, ch. 363, § 8; Laws, 1948, ch. 433, § 4; Laws, 
1950, ch. 353, § 1] 

§ 41-7-137. [Laws, 1946, ch. 363, § 9; Laws, 1948, ch. 433, § 5; Laws, 
1954, ch. 286, § 6] 

§ 41-7-139. [Laws, 1946, ch. 363, § 10; Laws, 1954, ch. 286, § 7] 

Editor's Note — Former § 41-7-135 required priorities based on need and optimum 
effectiveness in the making of grants-in-aid for hospitals and other health related 
facilities. 

Former § 41-7-137 empowered the commission on hospital care to purchase hospital 
or related health facility equipment, supplies and accessories and to make grants 
thereof at cost value plus handling expense in lieu of monetary grants. 

Former § 41-7-139 authorized the commission on hospital care to establish a 
state-wide nurse education program and provided for the funding thereof. 

§ 41-7-140. Continuing education program for hospital trust- 
ees. 

(1) Members of boards of trustees of hospitals who bear legal responsibil- 
ity for the operation of such hospitals shall have made available by the State 
Department of Health a course of not less than ten (10) clock hours annually 
of training as continuing education. 

(2) The State Department of Health, through regulations issued in 
accordance with law, shall prescribe the curriculum to be pursued, including 
subjects and areas of information deemed pertinent to the duties, activities 
and exercise of authority as hospital trustees; provided, however, that the 
department shall solicit advice and recommendations appertaining to such 
instruction from associations and other cognizant sources on hospital opera- 
tion within the state. 

(3) Such continuing education, attendance upon which shall not be 
mandatory for hospital trustees, shall be offered at such times and places so as 
to minimize inconvenience and hardship upon hospital trustees. Each hospital 
is hereby authorized and empowered to reimburse each trustee actual reason- 
able expenses incurred in attending such meetings. 

(4) The department shall maintain records of all such continuing educa- 
tion programs and the names of all hospital trustees receiving such training. 

SOURCES: Laws, 1974, ch. 453; Laws, 1979, ch. 451, § 20; Laws, 1981, ch. 436, 
§ 1; Laws, 1981, ch. 484, § 16; Laws, 1982, ch. 395, § 3; Laws, 1986, ch. 437, 
§ 13, eff from and after July 1, 1986. 

72 



Hospital & Health Care Comms. § 41-7-149 

Cross References — Traveling expenses of state officers and employees, see 
§ 25-3-41. 
Mississippi Health Care Commission Law of 1979, see §§ 41-7-171 et seq. 

§§ 41-7-141 and 41-7-143. Repealed. 

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979. 
[Laws, 1946, ch. 363, §§ 11, 12] 

Editor's Note — Former § 41-7-141 authorized the commission on hospital care to 
assist in the development of a pre-payment plan of hospitalization or hospitalization 
insurance. 

Former § 41-7-143 provided for the disposition of the five existing state charity 
hospitals. 

§ 41-7-145. Conveyance of existing hospital facilities or other 
property. 

Any county board of supervisors or the governing authority of any 
municipality may, in carrying out or in furtherance of the provisions of 
Sections 41-7-111 through 41-7-149, or any program or plan adopted under 
such sections, as a part of any contribution, cash or otherwise, that may be 
required by such county or municipality, convey to any municipality, county or 
other political subdivision or agency of the state any property, real or personal, 
or any existing hospital facilities or other existing facilities suitable for 
hospital purposes owned by such county or municipality and not needed by it 
for governmental purposes. Such conveyance shall be upon such terms and 
conditions as may be agreed upon. 

SOURCES: Codes, 1942, § 7146-12; Laws, 1946, ch. 363, § 12. 

Editor's Note — Sections 41-7-111 through 41-7-131, 41-7-135 through 41-7-139, 
41-7-141, 41-7-143 and 41-7-147, referred to in this section, were repealed by Laws of 
1979, ch. 451, eff from and after July 1, 1979. 

§ 41-7-147. Repealed. 

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979. 
[Laws, 1946, ch. 363, § 15; Laws, 1958, ch. 364, § 4] 

Editor's Note — Former § 41-7-147 required signatures of at least two specified 
officers of the commission on hospital care on all disbursements and expenditures of 
commission funds. 

§ 41-7-149. Annual audit. 

The State Auditor shall make an annual audit of the accounts and 
expenditures of the Mississippi Health Care Commission. 



73 



§ 41-7-171 Public Health 

SOURCES: Codes, 1942, § 7146-14; Laws, 1946, ch. 363, § 14; Laws, 1979, ch. 451, 
§ 21; Laws, 1985, ch. 455, § 9, eff from and after passage (approved March 
29, 1985). 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor," and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer. 

Section 27-104-6 provides that whenever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

Cross References — State fiscal officer, generally, see §§ 7-7-1 et seq. 

Mississippi Health Care Commission Law of 1979, see §§ 41-7-171 et seq. 

HEALTH CARE CERTIFICATE OF NEED LAW OF 1979 

Sec. 

41-7-171. Short title. 

41-7-173. Definitions. 

41-7-175. Abolition of Health Care Commission; administration of state health 

planning and development agency responsibilities by State Department 
of Health. 

41-7-177. Repealed. 

41-7-178. Repealed. 

41-7-179 and 41-7-181. Repealed. 

41-7-183. Functions and responsibilities. 

41-7-185. Powers. 

41-7-187. Certificate of need program. 

41-7-188. Certificate of need program; assessment of fees for reviewing applica- 

tions; revenue from fees to be deposited in special funds for certain uses 
by State Department of Health. 

41-7-189. Certificate of need program; publication of program description. 

41-7-190. Certificate of need program; limitations on ownership of beds. 

41-7-191. Certificate of need; activities for which certificate is required. 

41-7-193. Certificate of need; new institutional health services and other projects. 

41-7-195. Certificate of need; validity; transferability; duration; revocation. 

41-7-197. Certificate of need; hearing before hearing officer; review. 

41-7-199. Repealed. 

41-7-201. Appeal of final order pertaining to certificate of need; home health 

agencies; other health-care facilities. 

41-7-202. Stay of commission proceedings pending appeal. 

41-7-203. Repealed. 

41-7-205. Nonsubstantive projects; exemption from formal review. 

41-7-207. Emergency replacement of facilities; expedited review. 

41-7-209. Violations. 

§ 41-7-171. Short title. 

Sections 41-7-171 through 41-7-209 shall be known and may be cited as 
the "Mississippi Health Care Certificate of Need Law of 1979." 

SOURCES: Laws, 1979, ch. 451, § 1; Laws, 1986, ch. 437, § 33, eff from and after 
July 1, 1986. 

74 



Hospital & Health Care Comms. § 41-7-173 

Cross References — Powers of State Department of Health with respect to 
§§ 41-7-171 et seq., see § 41-7-185. 

ATTORNEY GENERAL OPINIONS 

Sections 37-115-21 et seq. establish the University of Mississippi Medical Center 

University Medical Center and its teach- is not subject to the certificate of need 

ing hospital independently of the certifi- provisions. Conerely, July 14, 2000, A.G. 

cate of need statutes and, therefore, the Op. #2000-0326. 

§ 41-7-173. Definitions. 

For the purposes of Section 41-7-171 et seq., the following words shall have 
the meanings ascribed herein, unless the context otherwise requires: 

(a) "Affected person" means (i) the applicant; (ii) a person residing 
within the geographic area to be served by the applicant's proposal; (iii) a 
person who regularly uses health-care facilities or HMO's located in the 
geographic area of the proposal which provide similar service to that which 
is proposed; (iv) health-care facilities and HMO's which have, prior to receipt 
of the application under review, formally indicated an intention to provide 
service similar to that of the proposal being considered at a future date; (v) 
third-party payers who reimburse health-care facilities located in the 
geographical area of the proposal; or (vi) any agency that establishes rates 
for health-care services or HMO's located in the geographic area of the 
proposal. 

(b) "Certificate of need" means a written order of the State Department 
of Health setting forth the affirmative finding that a proposal in prescribed 
application form, sufficiently satisfies the plans, standards and criteria 
prescribed for such service or other project by Section 41-7-171 et seq., and 
by rules and regulations promulgated thereunder by the State Department 
of Health. 

(c)(i) "Capital expenditure" when pertaining to defined major medical 
equipment, shall mean an expenditure which, under generally accepted 
accounting principles consistently applied, is not properly chargeable as 
an expense of operation and maintenance and which exceeds One Million 
Five Hundred Thousand Dollars ($1,500,000.00). 

(ii) "Capital expenditure," when pertaining to other than major 
medical equipment, shall mean any expenditure which under generally 
accepted accounting principles consistently applied is not properly charge- 
able as an expense of operation and maintenance and which exceeds Two 
Million Dollars ($2,000,000.00). 

(iii) A "capital expenditure" shall include the acquisition, whether by 
lease, sufferance, gift, devise, legacy, settlement of a trust or other means, 
of any facility or part thereof, or equipment for a facility, the expenditure 
for which would have been considered a capital expenditure if acquired by 
purchase. Transactions which are separated in time but are planned to be 
undertaken within twelve (12) months of each other and are components 

75 



§ 41-7-173 Public Health 

of an overall plan for meeting patient care objectives shall, for purposes of 
this definition, be viewed in their entirety without regard to their timing. 
(iv) In those instances where a health-care facility or other provider 
of health services proposes to provide a service in which the capital 
expenditure for major medical: equipment or other than major medical 
equipment or a combination of the two (2) may have been split between 
separate parties, the total capital expenditure required to provide the 
proposed service shall be considered in determining the necessity of 
certificate of need review and in determining the appropriate certificate of 
need review fee to be paid. The capital expenditure associated with 
facilities and equipment to provide services in Mississippi shall be 
considered regardless of where the capital expenditure was made, in state 
or out of state, and regardless of the domicile of the party making the 
capital expenditure, in state or out of state. 

(d) "Change of ownership" includes, but is not limited to, inter vivos 
gifts, purchases, transfers, lease arrangements, cash and/or stock transac- 
tions or other comparable arrangements whenever any person or entity 
acquires or controls a majority interest of the facility or service. Changes of 
ownership from partnerships, single proprietorships or corporations to 
another form of ownership are specifically included. However, "change of 
ownership" shall not include any inherited interest acquired as a result of a 
testamentary instrument or under the laws of descent and distribution of 
the State of Mississippi. 

(e) "Commencement of construction" means that all of the following 
have been completed with respect to a proposal or project proposing 
construction, renovating, remodeling or alteration: 

(i) A legally binding written contract has been consummated by the 
proponent and a lawfully licensed contractor to construct and/or complete 
the intent of the proposal within a specified period of time in accordance 
with final architectural plans which have been approved by the licensing 
authority of the State Department of Health; 

(ii) Any and all permits and/or approvals deemed lawfully necessary 
by all authorities with responsibility for such have been secured; and 

(hi) Actual bona fide undertaking of the subject proposal has com- 
menced, and a progress payment of at least one percent (1%) of the total 
cost price of the contract has been paid to the contractor by the proponent, 
and the requirements of this paragraph (e) have been certified to in 
writing by the State Department of Health. 

Force account expenditures, such as deposits, securities, bonds, et 
cetera, may, in the discretion of the State Department of Health, be excluded 
from any or all of the provisions of defined commencement of construction. 

(f) "Consumer" means an individual who is not a provider of health-care 
as defined in paragraph (q) of this section. 

(g) "Develop," when used in connection with health services, means to 
undertake those activities which, on their completion, will result in the 
offering of a new institutional health service or the incurring of a financial 

76 



Hospital & Health Care Comms. § 41-7-173 

obligation as denned under applicable state law in relation to the offering of 
such services. 

(h) "health-care facility" includes hospitals, psychiatric hospitals, chem- 
ical dependency hospitals, skilled nursing facilities, end stage renal disease 
(ESRD) facilities, including freestanding hemodialysis units, intermediate 
care facilities, ambulatory surgical facilities, intermediate care facilities for 
the mentally retarded, home health agencies, psychiatric residential treat- 
ment facilities, pediatric skilled nursing facilities, long-term care hospitals, 
comprehensive medical rehabilitation facilities, including facilities owned or 
operated by the state or a political subdivision or instrumentality of the 
state, but does not include Christian Science sanatoriums operated or listed 
and certified by the First Church of Christ, Scientist, Boston, Massachu- 
setts. This definition shall not apply to facilities for the private practice, 
either independently or by incorporated medical groups, of physicians, 
dentists or health-care professionals except where such facilities are an 
integral part of an institutional health service. The various health-care 
facilities listed in this paragraph shall be defined as follows: 

(i) "Hospital" means an institution which is primarily engaged in 
providing to inpatients, by or under the supervision of physicians, diag- 
nostic services and therapeutic services for medical diagnosis, treatment 
and care of injured, disabled or sick persons, or rehabilitation services for 
the rehabilitation of injured, disabled or sick persons. Such term does not 
include psychiatric hospitals. 

(ii) "Psychiatric hospital" means an institution which is primarily 
engaged in providing to inpatients, by or under the supervision of a 
physician, psychiatric services for the diagnosis and treatment of mentally 
ill persons. 

(iii) "Chemical dependency hospital" means an institution which is 
primarily engaged in providing to inpatients, by or under the supervision 
of a physician, medical and related services for the diagnosis and treat- 
ment of chemical dependency such as alcohol and drug abuse. 

(iv) "Skilled nursing facility" means an institution or a distinct part of 
an institution which is primarily engaged in providing to inpatients 
skilled nursing care and related services for patients who require medical 
or nursing care or rehabilitation services for the rehabilitation of injured, 
disabled or sick persons. 

(v) "End stage renal disease (ESRD) facilities" means kidney disease 
treatment centers, which includes freestanding hemodialysis units and 
limited care facilities. The term "limited care facility" generally refers to 
an off-hospital-premises facility, regardless of whether it is provider or 
nonprovider operated, which is engaged primarily in furnishing mainte- 
nance hemodialysis services to stabilized patients. 

(vi) "Intermediate care facility" means an institution which provides, 
on a regular basis, health related care and services to individuals who do 
not require the degree of care and treatment which a hospital or skilled 
nursing facility is designed to provide, but who, because of their mental or 

77 



§ 41-7-173 Public Health 

physical condition, require health related care and services (above the 
level of room and board). 

(vii) "Ambulatory surgical facility" means a facility primarily orga- 
nized or established for the purpose of performing surgery for outpatients 
and is a separate identifiable . legal entity from any other health-care 
facility. Such term does not include the offices of private physicians or 
dentists, whether for individual or group practice, and does not include 
any abortion facility as defined in Section 4 1-75- 1(f). 

(viii) "Intermediate care facility for the mentally retarded" means an 
intermediate care facility that provides health or rehabilitative services in 
a planned program of activities to the mentally retarded, also including, 
but not limited to, cerebral palsy and other conditions covered by the 
Federal Developmentally Disabled Assistance and Bill of Rights Act, 
Public Law 94-103. 

(ix) "Home health agency" means a public or privately owned agency 
or organization, or a subdivision of such an agency or organization, 
properly authorized to conduct business in Mississippi, which is primarily 
engaged in providing to individuals at the written direction of a licensed 
physician, in the individual's place of residence, skilled nursing services 
provided by or under the supervision of a registered nurse licensed to 
practice in Mississippi, and one or more of the following services or items: 

1. Physical, occupational or speech therapy; 

2. Medical social services; 

3. Part-time or intermittent services of a home health aide; 

4. Other services as approved by the licensing agency for home 
health agencies; 

5. Medical supplies, other than drugs and biologicals, and the use 
of medical appliances; or 

6. Medical services provided by an intern or resident-in-training at 
a hospital under a teaching program of such hospital. 

Further, all skilled nursing services and those services listed in items 
1. through 4. of this subparagraph (ix) must be provided directly by the 
licensed home health agency. For purposes of this subparagraph, "directly" 
means either through an agency employee or by an arrangement with 
another individual not defined as a health-care facility. 

This subparagraph (ix) shall not apply to health-care facilities which 
had contracts for the above services with a home health agency on January 
1, 1990. 

(x) "Psychiatric residential treatment facility" means any nonhospital 
establishment with permanent licensed facilities which provides a twenty- 
four-hour program of care by qualified therapists including, but not 
limited to, duly licensed mental health professionals, psychiatrists, psy- 
chologists, psychotherapists and licensed certified social workers, for 
emotionally disturbed children and adolescents referred to such facility by 
a court, local school district or by the Department of Human Services, who 
are not in an acute phase of illness requiring the services of a psychiatric 

78 



Hospital & Health Care Comms. § 41-7-173 

hospital, and are in need of such restorative treatment services. For 
purposes of this paragraph, the term "emotionally disturbed" means a 
condition exhibiting one or more of the following characteristics over a 
long period of time and to a marked degree, which adversely affects 
educational performance: 

1. An inability to learn which cannot be explained by intellectual, 
sensory or health factors; 

2. An inability to build or maintain satisfactory relationships with 
peers and teachers; 

3. Inappropriate types of behavior or feelings under normal circum- 
stances; 

4. A general pervasive mood of unhappiness or depression; or 

5. A tendency to develop physical symptoms or fears associated 
with personal or school problems. An establishment furnishing primar- 
ily domiciliary care is not within this definition. 

(xi) "Pediatric skilled nursing facility" means an institution or a 
distinct part of an institution that is primarily engaged in providing to 
inpatients skilled nursing care and related services for persons under 
twenty-one (21) years of age who require medical or nursing care or 
rehabilitation services for the rehabilitation of injured, disabled or sick 
persons. 

(xii) "Long-term care hospital" means a freestanding, Medicare-cer- 
tified hospital that has an average length of inpatient stay greater than 
twenty-five (25) days, which is primarily engaged in providing chronic or 
long-term medical care to patients who do not require more than three (3) 
hours of rehabilitation or comprehensive rehabilitation per day, and has a 
transfer agreement with an acute care medical center and a comprehen- 
sive medical rehabilitation facility. Long-term care hospitals shall not use 
rehabilitation, comprehensive medical rehabilitation, medical rehabilita- 
tion, sub-acute rehabilitation, nursing home, skilled nursing facility, or 
sub-acute care facility in association with its name. 

(xiii) "Comprehensive medical rehabilitation facility" means a hospi- 
tal or hospital unit that is licensed and/or certified as a comprehensive 
medical rehabilitation facility which provides specialized programs that 
are accredited by the Commission on Accreditation of Rehabilitation 
Facilities and supervised by a physician board certified or board eligible in 
Physiatry or other doctor of medicine or osteopathy with at least two (2) 
years of training in the medical direction of a comprehensive rehabilita- 
tion program that: 

1. Includes evaluation and treatment of individuals with physical 
disabilities; 

2. Emphasizes education and training of individuals with disabil- 
ities; 

3. Incorporates at least the following core disciplines: 
(i) Physical Therapy; 

(ii) Occupational Therapy; 

79 



§ 41-7-173 Public Health 

(iii) Speech and Language Therapy; 
(iv) Rehabilitation Nursing; and 
4. Incorporates at least three (3) of the following disciplines: 
(i) Psychology; 
(ii) Audiology; 
(iii) Respiratory Therapy; 
(iv) Therapeutic Recreation; 
(v) Orthotics; 
(vi) Prosthetics; 
(vii) Special Education; 
(viii) Vocational Rehabilitation; 
(ix) Psychotherapy; 
(x) Social Work; 
(xi) Rehabilitation Engineering. 
These specialized programs include, but are not limited to: spinal cord 
injury programs, head injury programs and infant and early childhood 
development programs. 

(i) "Health maintenance organization" or "HMO" means a public or 
private organization organized under the laws of this state or the federal 
government which: 

(i) Provides or otherwise makes available to enrolled participants 
health-care services, including substantially the following basic health- 
care services: usual physician services, hospitalization, laboratory, x-ray, 
emergency and preventive services, and out-of-area coverage; 

(ii) Is compensated (except for copayments) for the provision of the 
basic health-care services listed in subparagraph (i) of this paragraph to 
enrolled participants on a predetermined basis; and 
(iii) Provides physician services primarily: 

1. Directly through physicians who are either employees or part- 
ners of such organization; or 

2. Through arrangements with individual physicians or one or 
more groups of physicians (organized on a group practice or individual 
practice basis). 

(j) "Health service area" means a geographic area of the state desig- 
nated in the State Health Plan as the area to be used in planning for 
specified health facilities and services and to be used when considering 
certificate of need applications to provide health facilities and services. 

(k) "Health services" means clinically related (i.e., diagnostic, treat- 
ment or rehabilitative) services and includes alcohol, drug abuse, mental 
health and home health-care services. 

(/) "Institutional health services" shall mean health services provided in 
or through health-care facilities and shall include the entities in or through 
which such services are provided. 

(m) "Major medical equipment" means medical equipment designed for 
providing medical or any health related service which costs in excess of One 
Million Five Hundred Thousand Dollars ($1,500,000.00). However, this 

80 



Hospital & Health Care Comms. § 41-7-173 

definition shall not be applicable to clinical laboratories if they are deter- 
mined by the State Department of Health to be independent of any 
physician's office, hospital or other health-care facility or otherwise not so 
defined by federal or state law, or rules and regulations promulgated 
thereunder. 

(n) "State Department of Health" shall mean the state agency created 
under Section 41-3-15, which shall be considered to be the State Health 
Planning and Development Agency, as defined in paragraph (t) of this 
section. 

(o) "Offer," when used in connection with health services, means that it 
has been determined by the State Department of Health that the health-care 
facility is capable of providing specified health services. 

(p) "Person" means an individual, a trust or estate, partnership, corpo- 
ration (including associations, joint stock companies and insurance compa- 
nies), the state or a political subdivision or instrumentality of the state. 

(q) "Provider" shall mean any person who is a provider or representa- 
tive of a provider of health-care services requiring a certificate of need under 
Section 41-7-171 et seq., or who has any financial or indirect interest in any 
provider of services. 

(r) "Secretary" means the Secretary of Health and Human Services, and 
any officer or employee of the Department of Health and Human Services to 
whom the authority involved has been delegated. 

(s) "State Health Plan" means the sole and official statewide health plan 
for Mississippi which identifies priority state health needs and establishes 
standards and criteria for health-related activities which require certificate 
of need review in compliance with Section 41-7-191. 

(t) "State Health Planning and Development Agency" means the agency 
of state government designated to perform health planning and resource 
development programs for the State of Mississippi. 

SOURCES: Laws, 1979, ch. 451, § 2; Laws, 1980, ch. 493, § 1; Laws, 1981, ch. 484, 
§ 18; Laws, 1982, ch. 482, § 1; Laws, 1983, ch. 484, § 1; Laws, 1984, ch. 472, 
§ 2; Laws, 1985, ch. 534, § 1; Laws, 1986, ch. 437, § 34; Laws, 1987, ch. 515, 
§ 1; Laws, 1989, ch. 530, § 1; Laws, 1990, ch. 510, § 1; Laws, 1993, ch. 609, § 9; 
Laws, 1994, ch. 649, § 15; Laws, 1999, ch. 583, § 1, eff from and after June 
30, 1999. 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a typographical error in paragraph (c)(ii). The words "One Million 
($1,000,000.00)" were changed to "One Million Dollars ($1,000,000.00)". The Joint 
Committee ratified the correction at its May 20, 1998 meeting. 

Editor's Note — At the direction of the co-counsel for the Joint Legislative 
Committee on Compilation, Revision and Publication of Legislation, an error in a 
statutory reference at the end of (h)(vii) was corrected by substituting "Section 
41-75-l(f)" for "Section 41-75-l(e)." 

Cross References — Duty of health care commission to administer licensure and 
certification of health care facilities and health maintenance organizations, see § 41- 
7-183. 

81 



§ 41-7-173 Public Health 

Power of Department of Health to prepare, review and revise State Health Plan, as 
denned in this section, see § 41-7-185. 

Limitations on extent of ownership of beds in skilled nursing facility or intermediate 
care facility, see § 41-7-190. 

Temporary suspension of issuance of certificates of need for certain facilities defined 
in this section, see § 41-7-191. 

Certificate of need for nursing homes, intermediate care facilities, skilled nursing 
facilities and certain changes of ownership of health care facilities as defined in this 
section, see § 41-7-191. 

Certificate of need required for health care facility to establish a home office or branch 
within existing health care facility, see § 41-7-191. 

Appeal of final order pertaining to certificate of need for health care facility, see 
§ 41-7-201. 

Stay of proceedings regarding decision pertaining to certificate of need for a home 
health agency, see § 41-7-202. 

Applicability of the Health Care Commission Law to the licensing of hospitals, see 
§ 41-9-11. 

Issuance of a license to a home health agency upon a determination that the license 
application is in compliance with §§ 41-7-173 et seq., see § 41-71-7. 

Definition of "hospital equipment" for purposes of the Mississippi Hospital Equip- 
ment and Facilities Authority Act, see § 41-73-5. 

Requirement that ambulatory surgical facilities comply with applicable provisions of 
§§ 41-7-175 et seq., see 41-73-9. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

Ambulatory surgical facility owned or operated by entity or person other than 
hospital or hospital holding company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Applicability of this section's definition of "person" to provisions relative to the 
licensing of birthing centers, see §§ 41-77-1 and 41-77-5. 

Applicability of the Health Care Commission Law to the licensing of homes for the 
aged or infirm, see § 43-11-9. 

Federal Aspects — Public Health Service Act, see 42 USCS §§ 201 et seq. 

Provisions of the Federal Developmentally Disabled Assistance and Bill of Rights Act, 
see 42 USCS §§ 6000 et seq. 

JUDICIAL DECISIONS 

1. Certificate of need. state health plan, pursuant to Miss. Code 

Mississippi State Department of Health Ann. § 41-7-193(1); moreover, there was 

did not err when it granted a certificate of substantial evidence to show that a full 
need to provide magnetic resonance ser- , range of services was available, and the 

vices to an applicant where the evidence Department did not base its decision on 

showed that the projected unit would have faulty financial projections. Open MRI, 

provided for a minimum number of proce- LLC v. Miss. State Dep't of Health, 939 So. 

dures per year based on information in a 2d 813 (Miss. Ct. App. 2006). 

ATTORNEY GENERAL OPINIONS 

Offices of private physicians and den- bulatory surgical facility by Section 41-7- 
tists are excluded from definition of am- 173(h)(vii) and ambulatory surgical 

82 



Hospital & Health Care Comms. 



41-7-175 



services provided in such offices are not 
institutional health services. Thompson, 
March 22, 1994, A.G. Op. #93-0924. 

Offices of private physicians and den- 
tists in which ambulatory surgical ser- 
vices are provided are not health care 
facilities and are therefore not subject to 
certificate of need review. Thompson, 
March 22, 1994, A.G. Op. #93-0924. 

An office that is a large, all encompass- 
ing, multi-speciality ambulatory surgical 
facility, is not a private office as intended 
by the Section 41-7-173. Moreover, a facil- 
ity is a health care facility inasmuch as it 
would provide institutional health ser- 
vices. Accordingly, such a facility would 
not be exempt from the certificate of need 
requirements set forth in section 41-7- 
191(l)(d)(xi), despite the fact that it is 
owned by a physicians' group. Thompson, 
January 9, 1996, A.G. Op. #95-0802. 

The establishment of a Distinct Part, 
PPS-excluded acute rehabilitation unit in 
an existing hospital, without the addition 
of any licensed beds and when the beds at 
issue will remain licensed as acute care 



beds and only the Medicare reimburse- 
ment schedule will change, is a project 
that requires certificate of need review 
and approval if the unit is either (1) a new 
health care facility, or (2) proposes to offer 
a new health service which was not previ- 
ously offered by the hospital. Thompson, 
July 2, 1999, A.G. Op. #99-0309. 

A board of trustees of a community 
hospital may acquire a building and re- 
lated equipment from a physician with the 
permission of the owner of the community 
hospital and lease the building back to the 
physician, and so long as the center is not 
a separate identifiable legal entity, a cer- 
tificate of need therefor is not required. 
Hagwood, Jan. 28, 2000, A.G. Op. #2000- 
0017. 

A board of trustees of a community 
hospital may construct and equip a facil- 
ity suitable for a single service ambula- 
tory surgery facility and may thereafter 
lease the building and equipment to a 
physician. Hagwood, Jan. 28, 2000, A.G. 
Op. #2000-0017. 



RESEARCH REFERENCES 

ALR. Liability of health maintenance 
organizations (HMOs) for negligence of 
member physicians. 51 A.L.R.5th 271. 

§ 41-7-175. Abolition of Health Care Commission; administra- 
tion of state health planning and development agency re- 
sponsibilities by State Department of Health. 

The State Department of Health shall be the sole and official agency of the 
State of Mississippi to administer and supervise, as prescribed by the Legis- 
lature, all responsibilities of the state health planning and development 
agency. 

SOURCES: Laws, 1979, ch. 451, § 3; Laws, 1983, ch. 484, § 2; Laws, 1986, ch. 437, 
§ 35; Laws, 1987, ch. 515, § 2, eff from and after July 1, 1987. 

Cross References — Other provisions pertaining to Health Care Commission, see 
§§ 41-7-140, 41-7-149, 41-9-3, 41-9-13. 

Functions and responsibilities of Health Care Commission, see § 41-7-183. 

Powers of Health Care Commission, see § 41-7-185. 

Powers and duties of the commission with respect to home health agencies, see 
§§ 41-71-1 et seq. 

Federal Aspects — Public Health Service Act, see 42 USCS §§ 201 et seq. 



83 



§ 41-7-177 Public Health 

§ 41-7-177. Repealed. 

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986. 
[Laws, 1979, ch. 451, § 4; Laws, 1980, ch. 560, § 17; Laws, 1984, ch. 488, 
§ 309; Laws, 1985, ch. 534, § 2] 

Editor's Note — Former § 41-7-177 provided for the appointment of members of the 
health care commission, and meetings of commission, and restricted participation by 
interested members. 

§ 41-7-178. Repealed. 

Repealed by Laws, 1989, ch. 530, § 5, eff from and after July 1, 1989. 
[Laws, 1984, ch. 488, § 310] 

Editor's Note — Former § 41-7-178 provided for the designation of persons to 
attend meetings of the Health Care Commission in a nonvoting capacity. 

§§ 41-7-179 and 41-7-181. Repealed. 

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986. 
§ 41-7-179. [Laws, 1979, ch. 451, § 5(1); Laws, 1980, ch. 493, § 2; Laws, 
1983, ch. 536, § 6; Laws, 1985, ch. 534, § 3] 
§ 41-7-181. [Laws, 1979, ch. 451, § 5(2)] 

Editor's Note — Former § 41-7-179 provided for a director of the Health Care 
Commission, and specified his powers and duties. 

Former § 41-7-181 provided for the transfer of employees to the Health Care 
Commission. 

§ 41-7-183. Functions and responsibilities. 

The State Department of Health shall have the duty of administering all 
functions and responsibilities of the designated state health planning and 
development agency as prescribed by the Legislature, and shall serve as the 
designated planning agency of the state for purposes of Section 1122 of Public 
Law 92-603 for the period of time that a contract is in effect between the 
Secretary and the State Department of Health for such purposes. 

SOURCES: Laws, 1979, ch. 451, § 6; Laws, 1980, ch. 493, § 3; Laws, 1981, ch. 484, 
§ 12; Laws, 1983, ch. 484, § 3; Laws, 1985, ch. 534, § 4; Laws, 1986, ch. 437, 
§ 36; Laws, 1987, ch. 515, § 3, eff from and after July 1, 1987. 

Cross References — Other functions of Health Care Commission, see §§ 41-9-1, 
41-9-3, 41-9-7 through 41-9-23, 41-9-29 through 41-9-35. 

Responsibility of commission to provide continuing education program for hospital 
trustees, see § 41-7-140. 

§ 41-7-185. Powers. 

In carrying out its functions under Section 41-7-171, et seq., the State 
Department of Health is hereby empowered to: 

84 



Hospital & Health Care Comms. § 41-7-185 

(a) Make applications for and accept funds from the secretary and other 
federal and state agencies and to receive and administer such other funds for 
the planning or provision of health facilities or health care as are appropri- 
ate to the accomplishment of the purposes of Section 41-7-171, et seq.; and to 
contract with the secretary to accept funds to administer planning activities 
on the community, regional or state level; 

(b) With the approval of the secretary, delegate to or contract with any 
mutually agreeable department, division or agency of the state, the federal 
government, or any political subdivision of either, or any private corporation, 
organization or association chartered by the Secretary of State of Missis- 
sippi, authority for administering any programs, duties or functions pro- 
vided for in Section 41-7-171, et seq.; 

(c) Prescribe and promulgate such reasonable rules and regulations as 
may be necessary to the implementation of the purposes of Section 41-7-171, 
et seq., complying with Section 25-43-1, et seq.; 

(d) Require providers of institutional health services and home health- 
care services provided through a home health agency and any other provider 
of health care requiring a certificate of need to submit or make available 
statistical information or such other information requested by the State 
Department of Health, but not information that would constitute an unwar- 
ranted invasion of the personal privacy of any individual person or place the 
provider in jeopardy of legal action by a third party; 

(e) Conduct such other hearing or hearings in addition to those pro- 
vided for in Section 41-7-197, and enter such further order or orders, and 
with approval of the Governor enter into such agreement or agreements with 
the secretary as may be reasonably necessary to the realization by the people 
of Mississippi of the full benefits of Acts of Congress; 

(f) In its discretion, contract with the secretary, or terminate any such 
contract, for the administration of the provisions, programs, duties and 
functions of Section 1122 of Public Law 92-603; but the State Department of 
Health shall not be relieved of matters of accountability, obligation or 
responsibility that accrued to the department by virtue of prior contracts 
and/or statutes; 

(g) Prepare, review at least triennially, and revise, as necessary, a State 
Health Plan, as defined in Section 41-7-173, which shall be approved by the 
Governor before it becomes effective. 

SOURCES: Laws, 1979, ch. 451, § 7; Laws, 1980, ch. 493, § 4; Laws, 1981, ch. 484, 
§ 13; Laws, 1983, ch. 484, § 4; Laws, 1985, ch. 534, § 5; Laws, 1986, ch. 437, 
§ 37; Laws, 1987, ch. 515, § 4; Laws, 1989, ch. 530, § 3, eff from and after 
July 1, 1989. 

Editor's Note — Section 25-43-1.101(3) provides that any reference to Section 

25-43-1 et seq. shall be deemed to mean and refer to Section 25-43-1.101 et seq. 

Laws of 1989, ch. 530, § 4, effective from and after July 1, 1989, provides as follows: 

"SECTION 4. The State Department of Health shall conduct an in-depth study of the 

public health districts in the State of Mississippi and restructure these districts as is 

necessary to more accurately reflect the health care needs of the state, taking into account 

85 



§ 41-7-187 Public Health 

current population, demographics, trade centers, residential centers and communities of 
interest. The State Board of Health shall make a report on the restructure of said public 
health districts to the 1990 Regular Session of the Legislature." 

Cross References — Statewide health coordinating council, see § 41-7-173. 

Retention of liability on delegation of certain duties, see § 41-7-197. 

Licenses which may be issued by commission to insure safe, sanitary, and reasonably 
adequate care and treatment of individuals in hospitals, see §§ 41-9-1, 41-9-3, 41-9-7 
through 41-9-23, 41-9-29 through 41-9-35. 

Use of statistical data compiled pursuant to §§ 41-7-171 et seq., see §§ 41-9-23, 
41-71-19. 

ATTORNEY GENERAL OPINIONS 

The Governor does not have authority it. Thompson, June 10, 1999, A.G. Op. 
to amend the State Health Plan, as op- #99-0275. 
posed to simply approving or disapproving 

§ 41-7-187. Certificate of need program. 

The State Department of Health is hereby authorized to develop and 
implement a statewide health certificate of need program. The State Depart- 
ment of Health is authorized and empowered to adopt by rule and regulation: 

(a) Criteria, standards and plans to be used in evaluating applications 
for certificates of need; 

(b) Effective standards to determine when a person, facility or organi- 
zation must apply for a certificate of need; 

(c) Standards to determine when a change of ownership has occurred or 
will occur; and 

(d) Review procedures for conducting reviews of applications for certifi- 
cates of need. 

SOURCES: Laws, 1979, ch. 451, § 8; Laws, 1986, ch. 437, § 38; Laws, 1987, ch. 
515, § 5, eff from and after July 1, 1987. 

Editor's Note — Laws of 2006, ch. 513, § 2 provides as follows: 

"SECTION 2. The State Board of Health shall, not later than October 15, 2006, 
develop and make a report to the Chairmen of the Public Health and Welfare 
Committees of the Senate and House of Representatives, the Lieutenant Governor, the 
Speaker of the House of Representatives and the Governor, including any recommended 
legislation, on the following policies and procedures relating to the State Health Plan 
and the Health Care Facility Certificate of Need Law: 

"(a) Review the procedures under which health care facility certificates of need are 
requested and issued or denied. Make reasonable recommendations (i) to reduce the 
time periods required for certificate of need review and appeal the refromwithout 
compromising the fairness of the decision; (ii) to exempt additional nonsubstantive 
transactions by health care facilities from the certificate of need requirement; and (hi) 
to authorize additional transactions by health care facilities which may receive an 
expedited review. 

"(b) Verify the fairness of how the annual State Health Plan considers changing 
population projections and how residents choose health care services. 

"(c) Verify the fairness of how the annual State Health Plan considers that residents 
travel to neighboring states to receive health care services. 

86 



Hospital & Health Care Comms. § 41-7-188 

"(d) Verify the fairness of the different planning districts applicable to each type of 
health care certificate of need activity by a facility. For example, General Hospital 
Service Areas compared to Long-Term Care Planning Districts, compared to Ambula- 
tory Surgical Planning Areas, compared to Home Health Agency Planning Areas, 
compared to Perinatal Planning Areas, compared to Adolescent and Adult Psychiatric 
Facility Planning Areas, etc. 

"(e) Verify the fairness and appropriateness of the formulas used to determine the 
need for health care services under the certificate of need law. 

"(f) Review the existence of licensed beds listed in the Directory of Licensed Health 
Care Facilities which are unused and available for transfer to another facility or 
location under the certificate of need process, and the effect of these unused beds on the 
State Health Plan." 

JUDICIAL DECISIONS 

1. In general. Dep't of Health, 666 So. 2d 506 (Miss. 

Decision of Mississippi State Depart- 1995). 
ment of Health to disapprove unsuccessful Read together, §§ 41-7-187 and 41-7- 
applicant's application for certificate of 189(2) authorize the Department of 
need for construction of 60-bed nursing Health both to establish criteria for cer- 
home and to approve competing applica- tificates of need and to review objectively 
tion was supported by substantial evi- information tendered in applications. The 
dence and was neither arbitrary nor ca- Department's power is limited only in that 
pricious, despite contention that its action may not be arbitrary and capri- 
unsuccessful application reflected lower cious. Mississippi State Dep't of Health v. 
expenditures and costs; by state law, De- Southwest Miss. Regional Medical Ctr., 
partment could grant only one of compet- 580 So. 2d 1238 (Miss. 1991). 
ing applications in county, and State The State Health Officer did not act 
Health Officer conducted comparative arbitrarily and capriciously when he de- 
analysis of both applications and deter- nied an applicant's request for a certificate 
mined successful application to be supe- of need to offer cardiac catheterization 
rior. Cain v. Mississippi State Dep't of services merely because he measured the 
Health, 666 So. 2d 506 (Miss. 1995). population criteria using patient origin 

Mississippi State Department of Health reports; while this method of population 

has authority to develop and establish analysis may be imperfect, it does not 

criteria for granting certificates of need approach an arbitrary or capricious ac- 

for construction of nursing homes and to tion. Mississippi State Dep't of Health v. 

objectively review information submitted Southwest Miss. Regional Medical Ctr., 

in applications. Cain v. Mississippi State 580 So. 2d 1238 (Miss. 1991). 

ATTORNEY GENERAL OPINIONS 

Legislation (Laws, 1982, ch. 482, § 9) is valid and binding upon the Department 
which was never codified and which limits of Health. Amy, Sept. 8, 2006, A.G. Op. 
the fee for certificates of need applications 06-0385. 

§ 41-7-188. Certificate of need program; assessment of fees for 
reviewing applications; revenue from fees to be deposited in 
special funds for certain uses by State Department of 
Health. 

(1) The State Department of Health is hereby authorized and empowered 
to assess fees for reviewing applications for certificates of need. The State 

87 



§ 41-7-188 Public Health 

Department of Health shall promulgate such rules and regulations as are 
necessary to effectuate the intent of this section in keeping with the standards 
hereinbelow: 

(a) The fees assessed shall be uniform to all applicants. 

(b) The fees assessed shall be nonrefundable. 

(c) The fee shall be .5 of 1% of the amount of a proposed capital 
expenditure. 

(d) The minimum fee shall not be less than Five Hundred Dollars 
($500.00) regardless of the amount of the proposed capital expenditure, and 
the maximum fee permitted shall not exceed Twenty-five Thousand Dollars 
($25,000.00), regardless of category. 

(e) No application shall be deemed complete for the review process until 
such required fee is received by the State Department of Health. 

(f) The required fee shall be paid to the State Department of Health and 
may be paid by check, draft or money order. 

(g) There shall be no filing fee requirement for any application submit- 
ted by an agency, department, institution or facility which is operated, 
owned by and/or controlled by the State of Mississippi and which received 
operating and/or capital expenditure funds solely by appropriations from the 
Legislature of the State. 

(h) There shall be no filing fee requirement for any health-care facility 
submitting an application for repairs or renovations determined by the State 
Department of Health in writing, to be necessary in order to avoid revocation 
of license and/or loss of certification for participation in the Medicaid and/or 
Medicare programs. Any proposed expenditure in excess of the amount 
determined by the State Department of Health to be necessary to accomplish 
the stated purposes shall be subject to the fee requirements of this section. 

(2) The revenue derived from the fees imposed in subsection (1) of this 
section shall be deposited by the State Department of Health in a special fund, 
hereby created in the State Treasury, which is earmarked for use by the State 
Department of Health in conducting its health planning and certificate of need 
review activities. It is the intent of the Legislature that the health planning 
and certificate of need programs be continued for the protection of the 
individuals within the state requiring health care. 

(3) The State Department of Health is authorized and empowered to 
assess fees for reviewing applications for certificates of authority for health 
maintenance organizations and for the issuance and renewal of such certifi- 
cates of authority. The fees assessed shall be uniform to all applicants and to 
all holders of certificates of authority, and shall be nonrefundable. The fees for 
applications, original certificates of authority and renewals of certificates of 
authority shall not exceed Five Thousand Dollars ($5,000.00) each. The 
revenues derived from the fees assessed under this subsection shall be 
deposited by the department in a special fund hereby created in the State 
Treasury, which is earmarked for the use of the department in its regulation of 
the operation of health maintenance organizations. 

88 



Hospital & Health Care Comms. § 41-7-189 

SOURCES: Laws, 1982, ch. 482, § 9; Laws, 1984, ch. 306; 1986, ch. 437, § 50; 
Laws, 1986, ch. 500, § 33; Laws, 1987, ch. 515, § 10 effective from and after 
July 1, 1987. 

Editor's Note — This section was codified at the direction of the Co-Counsel of the 
Joint Legislative Committee on Compilation, Revision and Publication of Legislation. 

§ 41-7-189. Certificate of need program; publication of pro- 
gram description. 

(1) Prior to review of new institutional health services or other proposals 
requiring a certificate of need, the State Department of Health shall dissem- 
inate to all health-care facilities and health maintenance organizations within 
the state, and shall publish in one or more newspapers of general circulation 
in the state, a description of the scope of coverage of the commission's 
certificate of need program. Whenever the scope of such coverage is revised, the 
State Department of Health shall disseminate and publish a revised descrip- 
tion thereof in like manner. 

(2) Selected statistical data and information obtained by the State De- 
partment of Health as the licensing agency for health-care facilities requiring 
licensure by the state and as the agency which provides certification for the 
Medicaid and/or Medicare program, may be utilized by the department in 
performing the statutory duties imposed upon it by any law over which it has 
authority, and regulations necessarily promulgated for such facilities to 
participate in the Medicaid and/or Medicare program; provided, however, that 
the names of individual patients shall not be revealed except in hearings or 
judicial proceedings regarding questions of licensure. 

SOURCES: Laws, 1979, ch. 451, § 10; Laws, 1982, ch. 482, § 2; Laws, 1985, ch. 
534, § 6; Laws, 1986, ch. 437, § 39, eff from and after July 1, 1986. 

Editor's Note — Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, 
amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have 
repealed this section as of July 1, 1986. 

JUDICIAL DECISIONS 

1. In general. analysis of both applications and deter- 

Decision of Mississippi State Depart- mined successful application to be supe- 

ment of Health to disapprove unsuccessful rior. Cain v. Mississippi State Dep't of 

applicant's application for certificate of Health, 666 So. 2d 506 (Miss. 1995). 

need for construction of 60-bed nursing Mississippi State Department of Health 

home and to approve competing applica- has authority to develop and establish 

tion was supported by substantial evi- criteria for granting certificates of need 

dence and was neither arbitrary nor ca- for construction of nursing homes and to 

pricious, despite contention that objectively review information submitted 

unsuccessful application reflected lower in applications. Cain v. Mississippi State 

expenditures and costs; by state law, De- Dep't of Health, 666 So. 2d 506 (Miss. 

partment could grant only one of compet- 1995). 

ing applications in county, and State Read together, §§ 41-7-187 and 41-7- 

Health Officer conducted comparative 189(2) authorize the Department of 

89 



§ 41-7-190 Public Health 

Health both to establish criteria for cer- nied an applicant's request for a certificate 

tificates of need and to review objectively of need to offer cardiac catheterization 

information tendered in applications. The services merely because he measured the 

Department's power is limited only in that population criteria using patient origin 

its action may not be arbitrary and capri- reports; while this method of population 

cious. Mississippi State Dep't of Health v. analysis may be imperfect, it does not 

Southwest Miss. Regional Medical Ctr., approach an arbitrary or capricious ac- 

580 So. 2d 1238 (Miss. 1991). tion. Mississippi State Dep't of Health v. 

The State Health Officer did not act Southwest Miss. Regional Medical Ctr., 

arbitrarily and capriciously when he de- 580 So. 2d 1238 (Miss. 1991). 

§ 41-7-190. Certificate of need program; limitations on own- 
ership of beds. 

No corporation, foreign or domestic, partnership, individual(s) or associa- 
tion of such entities or of persons whatsoever, or any combination thereof, shall 
own, possess or exercise control over, in any manner, more than twenty percent 
(20%) of the beds in health-care facilities denned in Section 41-7-173(h)(iv) and 
(vi) in the defined health service area of the State of Mississippi. 

Health-care facilities owned, operated or under control of the United 
States government, the state government or political subdivision of either are 
excluded from the limitation of this section. 

SOURCES: Laws, 1984, ch. 492, § 1; Laws, 1985, ch. 534, § 7, eff from and after 
July 1, 1985. 

Editor's Note — Laws of 1986, ch. 437, §§ 1, 2, eff from and after July 1, 1986, 
provide as follows: 

"SECTION 1. This act shall be known and may be cited as the Mississippi Health 
Services Reorganization Act of 1986. 

"SECTION 2. All records, property and unexpended balances of appropriations, 
allocations or other funds of any agency abolished or affected by this act shall be 
transferred to the appropriate agency according to the merger of their functions under 
this act." 

For a list of Code sections affected by Laws of 1986, Chapter 437, see the Statutory 
Tables Volume (2002), Table B. 

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, 
ch. 534, § 15, by deleting the provision which would have repealed this section as of 
July 1, 1986. 

§ 41-7-191. Certificate of need; activities for which certificate 
is required. 

(1) No person shall engage in any of the following activities without 
obtaining the required certificate of need: 

(a) The construction, development or other establishment of a new 
health-care facility, which establishment shall include the reopening of a 
health-care facility that has ceased to operate for a period of sixty (60) 
months or more; 

(b) The relocation of a health-care facility or portion thereof, or major 
medical equipment, unless such relocation of a health-care facility or portion 

90 



Hospital & Health Care Comms. § 41-7-191 

thereof, or major medical equipment, which does not involve a capital 
expenditure by or on behalf of a health-care facility, is within five thousand 
two hundred eighty (5,280) feet from the main entrance of the health-care 
facility; 

(c) Any change in the existing bed complement of any health-care 
facility through the addition or conversion of any beds or the alteration, 
modernizing or refurbishing of any unit or department in which the beds 
may be located; however, if a health-care facility has voluntarily delicensed 
some of its existing bed complement, it may later relicense some or all of its 
delicensed beds without the necessity of having to acquire a certificate of 
need. The State Department of Health shall maintain a record of the 
delicensing health-care facility and its voluntarily delicensed beds and 
continue counting those beds as part of the state's total bed count for health 
care planning purposes. If a health-care facility that has voluntarily 
delicensed some of its beds later desires to relicense some or all of its 
voluntarily delicensed beds, it shall notify the State Department of Health of 
its intent to increase the number of its licensed beds. The State Department 
of Health shall survey the health-care facility within thirty (30) days of that 
notice and, if appropriate, issue the health-care facility a new license 
reflecting the new contingent of beds. However, in no event may a health- 
care facility that has voluntarily delicensed some of its beds be reissued a 
license to operate beds in excess of its bed count before the voluntary 
delicensure of some of its beds without seeking certificate of need approval; 

(d) Offering of the following health services if those services have not 
been provided on a regular basis by the proposed provider of such services 
within the period of twelve (12) months prior to the time such services would 
be offered: 

(i) Open heart surgery services; 

(ii) Cardiac catheterization services; 

(hi) Comprehensive inpatient rehabilitation services; 

(iv) Licensed psychiatric services; 

(v) Licensed chemical dependency services; 

(vi) Radiation therapy services; 

(vii) Diagnostic imaging services of an invasive nature, i.e. invasive 
digital angiography; 

(viii) Nursing home care as defined in subparagraphs (iv), (vi) and 
(viii) of Section 41-7-173(h); 

(ix) Home health services; 

(x) Swing-bed services; 

(xi) Ambulatory surgical services; 

(xii) Magnetic resonance imaging services; 

(xiii) [Deleted] 

(xiv) Long-term care hospital services; 

(xv) Positron Emission Tomography (PET) services; 

(e) The relocation of one or more health services from one physical 
facility or site to another physical facility or site, unless such relocation, 

91 



41-7-191 Public Health 

which does not involve a capital expenditure by or on behalf of a health-care 
facility, (i) is to a physical facility or site within five thousand two hundred 
eighty (5,280) feet from the main entrance of the health-care facility where 
the health-care service is located, or (ii) is the result of an order of a court of 
appropriate jurisdiction or a result of pending litigation in such court, or by 
order of the State Department of Health, or by order of any other agency or 
legal entity of the state, the federal government, or any political subdivision 
of either, whose order is also approved by the State Department of Health; 

(f) The acquisition or otherwise control of any major medical equipment 
for the provision of medical services; provided, however, (i) the acquisition of 
any major medical equipment used only for research purposes, and (ii) the 
acquisition of major medical equipment to replace medical equipment for 
which a facility is already providing medical services and for which the State 
Department of Health has been notified before the date of such acquisition 
shall be exempt from this paragraph; an acquisition for less than fair market 
value must be reviewed, if the acquisition at fair market value would be 
subject to review; 

(g) Changes of ownership of existing health-care facilities in which a 
notice of intent is not filed with the State Department of Health at least 
thirty (30) days prior to the date such change of ownership occurs, or a 
change in services or bed capacity as prescribed in paragraph (c) or (d) of this 
subsection as a result of the change of ownership; an acquisition for less than 
fair market value must be reviewed, if the acquisition at fair market value 
would be subject to review; 

(h) The change of ownership of any health-care facility defined in 
subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h), in which a notice of 
intent as described in paragraph (g) has not been filed and if the Executive 
Director, Division of Medicaid, Office of the Governor, has not certified in 
writing that there will be no increase in allowable costs to Medicaid from 
revaluation of the assets or from increased interest and depreciation as a 
result of the proposed change of ownership; 

(i) Any activity described in paragraphs (a) through (h) if undertaken 
by any person if that same activity would require certificate of need approval 
if undertaken by a health-care facility; 

(j) Any capital expenditure or deferred capital expenditure by or on 
behalf of a health-care facility not covered by paragraphs (a) through (h); 

(k) The contracting of a health-care facility as defined in subparagraphs 
(i) through (viii) of Section 41-7-173(h) to establish a home office, subunit, or 
branch office in the space operated as a health-care facility through a formal 
arrangement with an existing health-care facility as defined in subpara- 
graph (ix) of Section 41-7-173(h); 

(/) The replacement or relocation of a health-care facility designated as 
a critical access hospital shall be exempt from subsection (1) of this section 
so long as the critical access hospital complies with all applicable federal law 
and regulations regarding such replacement or relocation; 



92 



Hospital & Health Care Comms. § 41-7-191 

(m) Reopening a health-care facility that has ceased to operate for a 
period of sixty (60) months or more, which reopening requires a certificate of 
need for the establishment of a new health-care facility. 

(2) The State Department of Health shall not grant approval for or issue 
a certificate of need to any person proposing the new construction of, addition 
to, or expansion of any health-care facility defined in subparagraphs (iv) 
(skilled nursing facility) and (vi) (intermediate care facility) of Section 41-7- 
173(h) or the conversion of vacant hospital beds to provide skilled or interme- 
diate nursing home care, except as hereinafter authorized: 

(a) The department may issue a certificate of need to any person 
proposing the new construction of any health-care facility defined in sub- 
paragraphs (iv) and (vi) of Section 41-7-173(h) as part of a life care 
retirement facility, in any county bordering on the Gulf of Mexico in which is 
located a National Aeronautics and Space Administration facility, not to 
exceed forty (40) beds. From and after July 1, 1999, there shall be no 
prohibition or restrictions on participation in the Medicaid program (Section 
43-13-101 et seq.) for the beds in the health-care facility that were autho- 
rized under this paragraph (a). 

(b) The department may issue certificates of need in Harrison County to 
provide skilled nursing home care for Alzheimer's disease patients and other 
patients, not to exceed one hundred fifty (150) beds. From and after July 1, 
1999, there shall be no prohibition or restrictions on participation in the 
Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing 
facilities that were authorized under this paragraph (b). 

(c) The department may issue a certificate of need for the addition to or 
expansion of any skilled nursing facility that is part of an existing continuing 
care retirement community located in Madison County, provided that the 
recipient of the certificate of need agrees in writing that the skilled nursing 
facility will not at any time participate in the Medicaid program (Section 
43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility 
who are participating in the Medicaid program. This written agreement by 
the recipient of the certificate of need shall be fully binding on any 
subsequent owner of the skilled nursing facility, if the ownership of the 
facility is transferred at any time after the issuance of the certificate of need. 
Agreement that the skilled nursing facility will not participate in the 
Medicaid program shall be a condition of the issuance of a certificate of need 
to any person under this paragraph (c), and if such skilled nursing facility at 
any time after the issuance of the certificate of need, regardless of the 
ownership of the facility, participates in the Medicaid program or admits or 
keeps any patients in the facility who are participating in the Medicaid 
program, the State Department of Health shall revoke the certificate of need, 
if it is still outstanding, and shall deny or revoke the license of the skilled 
nursing facility, at the time that the department determines, after a hearing 
complying with due process, that the facility has failed to comply with any of 
the conditions upon which the certificate of need was issued, as provided in 
this paragraph and in the written agreement by the recipient of the 

93 



41-7-191 Public Health 

certificate of need. The total number of beds that may be authorized under 
the authority of this paragraph (c) shall not exceed sixty (60) beds. 

(d) The State Department of Health may issue a certificate of need to 
any hospital located in DeSoto County for the new construction of a skilled 
nursing facility, not to exceed one hundred twenty (120) beds, in DeSoto 
County. From and after July 1, 1999, there shall be no prohibition or 
restrictions on participation in the Medicaid program (Section 43-13-101 et 
seq.) for the beds in the nursing facility that were authorized under this 
paragraph (d). 

(e) The State Department of Health may issue a certificate of need for 
the construction of a nursing facility or the conversion of beds to nursing 
facility beds at a personal care facility for the elderly in Lowndes County 
that is owned and operated by a Mississippi nonprofit corporation, not to 
exceed sixty (60) beds. From and after July 1, 1999, there shall be no 
prohibition or restrictions on participation in the Medicaid program (Section 
43-13-101 et seq.) for the beds in the nursing facility that were authorized 
under this paragraph (e). 

(f) The State Department of Health may issue a certificate of need for 
conversion of a county hospital facility in Itawamba County to a nursing 
facility, not to exceed sixty (60) beds, including any necessary construction, 
renovation or expansion. From and after July 1, 1999, there shall be no 
prohibition or restrictions on participation in the Medicaid program (Section 
43-13-101 et seq.) for the beds in the nursing facility that were authorized 
under this paragraph (f). 

(g) The State Department of Health may issue a certificate of need for 
the construction or expansion of nursing facility beds or the conversion of 
other beds to nursing facility beds in either Hinds, Madison or Rankin 
County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall 
be no prohibition or restrictions on participation in the Medicaid program 
(Section 43-13-101 et seq.) for the beds in the nursing facility that were 
authorized under this paragraph (g). 

(h) The State Department of Health may issue a certificate of need for 
the construction or expansion of nursing facility beds or the conversion of 
other beds to nursing facility beds in either Hancock, Harrison or Jackson 
County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall 
be no prohibition or restrictions on participation in the Medicaid program 
(Section 43-13-101 et seq.) for the beds in the facility that were authorized 
under this paragraph (h). 

(i) The department may issue a certificate of need for the new construc- 
tion of a skilled nursing facility in Leake County, provided that the recipient 
of the certificate of need agrees in writing that the skilled nursing facility 
will not at any time participate in the Medicaid program (Section 43-13-101 
et seq.) or admit or keep any patients in the skilled nursing facility who are 
participating in the Medicaid program. This written agreement by the 
recipient of the certificate of need shall be fully binding on any subsequent 
owner of the skilled nursing facility, if the ownership of the facility is 



94 



Hospital & Health Care Comms. § 41-7-191 

transferred at any time after the issuance of the certificate of need. 
Agreement that the skilled nursing facility will not participate in the 
Medicaid program shall be a condition of the issuance of a certificate of need 
to any person under this paragraph (i), and if such skilled nursing facility at 
any time after the issuance of the certificate of need, regardless of the 
ownership of the facility, participates in the Medicaid program or admits or 
keeps any patients in the facility who are participating in the Medicaid 
program, the State Department of Health shall revoke the certificate of need, 
if it is still outstanding, and shall deny or revoke the license of the skilled 
nursing facility, at the time that the department determines, after a hearing 
complying with due process, that the facility has failed to comply with any of 
the conditions upon which the certificate of need was issued, as provided in 
this paragraph and in the written agreement by the recipient of the 
certificate of need. The provision of Section 43-7-193(1) regarding substan- 
tial compliance of the projection of need as reported in the current State 
Health Plan is waived for the purposes of this paragraph. The total number 
of nursing facility beds that may be authorized by any certificate of need 
issued under this paragraph (i) shall not exceed sixty (60) beds. If the skilled 
nursing facility authorized by the certificate of need issued under this 
paragraph is not constructed and fully operational within eighteen (18) 
months after July 1, 1994, the State Department of Health, after a hearing 
complying with due process, shall revoke the certificate of need, if it is still 
outstanding, and shall not issue a license for the skilled nursing facility at 
any time after the expiration of the eighteen-month period. 

(j) The department may issue certificates of need to allow any existing 
freestanding long-term care facility in Tishomingo County and Hancock 
County that on July 1, 1995, is licensed with fewer than sixty (60) beds. For 
the purposes of this paragraph (j), the provisions of Section 41-7-193(1) 
requiring substantial compliance with the projection of need as reported in 
the current State Health Plan are waived. From and after July 1, 1999, there 
shall be no prohibition or restrictions on participation in the Medicaid 
program (Section 43-13-101 et seq.) for the beds in the long-term care 
facilities that were authorized under this paragraph (j). 

(k) The department may issue a certificate of need for the construction 
of a nursing facility at a continuing care retirement community in Lowndes 
County. The total number of beds that may be authorized under the 
authority of this paragraph (k) shall not exceed sixty (60) beds. From and 
after July 1, 2001, the prohibition on the facility participating in the 
Medicaid program (Section 43-13-101 et seq.) that was a condition of 
issuance of the certificate of need under this paragraph (k) shall be revised 
as follows: The nursing facility may participate in the Medicaid program 
from and after July 1, 2001, if the owner of the facility on July 1, 2001, agrees 
in writing that no more than thirty (30) of the beds at the facility will be 
certified for participation in the Medicaid program, and that no claim will be 
submitted for Medicaid reimbursement for more than thirty (30) patients in 
the facility in any month or for any patient in the facility who is in a bed that 

95 



§ 41-7-191 Public Health 

is not Medicaid-certified. This written agreement by the owner of the facility 
shall be a condition of licensure of the facility, and the agreement shall be 
fully binding on any subsequent owner of the facility if the ownership of the 
facility is transferred at any time after July 1, 2001. After this written 
agreement is executed, the Division of Medicaid and the State Department 
of Health shall not certify more than thirty (30) of the beds in the facility for 
participation in the Medicaid program. If the facility violates the terms of 
the written agreement by admitting or keeping in the facility on a regular or 
continuing basis more than thirty (30) patients who are participating in the 
Medicaid program, the State Department of Health shall revoke the license 
of the facility, at the time that the department determines, after a hearing 
complying with due process, that the facility has violated the written 
agreement. 

(I) Provided that funds are specifically appropriated therefor by the 
Legislature, the department may issue a certificate of need to a rehabilita- 
tion hospital in Hinds County for the construction of a sixty-bed long-term 
care nursing facility dedicated to the care and treatment of persons with 
severe disabilities including persons with spinal cord and closed-head 
injuries and ventilator-dependent patients. The provisions of Section 41-7- 
193(1) regarding substantial compliance with projection of need as reported 
in the current State Health Plan are hereby waived for the purpose of this 
paragraph. 

(m) The State Department of Health may issue a certificate of need to 
a county-owned hospital in the Second Judicial District of Panola County for 
the conversion of not more than seventy- two (72) hospital beds to nursing 
facility beds, provided that the recipient of the certificate of need agrees in 
writing that none of the beds at the nursing facility will be certified for 
participation in the Medicaid program (Section 43-13-101 et seq.), and that 
no claim will be submitted for Medicaid reimbursement in the nursing 
facility in any day or for any patient in the nursing facility. This written 
agreement by the recipient of the certificate of need shall be a condition of 
the issuance of the certificate of need under this paragraph, and the 
agreement shall be fully binding on any subsequent owner of the nursing 
facility if the ownership of the nursing facility is transferred at any time 
after the issuance of the certificate of need. After this written agreement is 
executed, the Division of Medicaid and the State Department of Health shall 
not certify any of the beds in the nursing facility for participation in the 
Medicaid program. If the nursing facility violates the terms of the written 
agreement by admitting or keeping in the nursing facility on a regular or 
continuing basis any patients who are participating in the Medicaid pro- 
gram, the State Department of Health shall revoke the license of the nursing 
facility, at the time that the department determines, after a hearing 
complying with due process, that the nursing facility has violated the 
condition upon which the certificate of need was issued, as provided in this 
paragraph and in the written agreement. If the certificate of need authorized 
under this paragraph is not issued within twelve (12) months after July 1, 

96 



Hospital & Health Care Comms. § 41-7-191 

2001, the department shall deny the application for the certificate of need 
and shall not issue the certificate of need at any time after the twelve-month 
period, unless the issuance is contested. If the certificate of need is issued 
and substantial construction of the nursing facility beds has not commenced 
within eighteen (18) months after July 1, 2001, the State Department of 
Health, after a hearing complying with due process, shall revoke the 
certificate of need if it is still outstanding, and the department shall not issue 
a license for the nursing facility at any time after the eighteen-month period. 
Provided, however, that if the issuance of the certificate of need is contested, 
the department shall require substantial construction of the nursing facility 
beds within six (6) months after final adjudication on the issuance of the 
certificate of need. 

(n) The department may issue a certificate of need for the new construc- 
tion, addition or conversion of skilled nursing facility beds in Madison 
County, provided that the recipient of the certificate of need agrees in writing 
that the skilled nursing facility will not at any time participate in the 
Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients 
in the skilled nursing facility who are participating in the Medicaid program. 
This written agreement by the recipient of the certificate of need shall be 
fully binding on any subsequent owner of the skilled nursing facility, if the 
ownership of the facility is transferred at any time after the issuance of the 
certificate of need. Agreement that the skilled nursing facility will not 
participate in the Medicaid program shall be a condition of the issuance of a 
certificate of need to any person under this paragraph (n), and if such skilled 
nursing facility at any time after the issuance of the certificate of need, 
regardless of the ownership of the facility, participates in the Medicaid 
program or admits or keeps any patients in the facility who are participating 
in the Medicaid program, the State Department of Health shall revoke the 
certificate of need, if it is still outstanding, and shall deny or revoke the 
license of the skilled nursing facility, at the time that the department 
determines, after a hearing complying with due process, that the facility has 
failed to comply with any of the conditions upon which the certificate of need 
was issued, as provided in this paragraph and in the written agreement by 
the recipient of the certificate of need. The total number of nursing facility 
beds that may be authorized by any certificate of need issued under this 
paragraph (n) shall not exceed sixty (60) beds. If the certificate of need 
authorized under this paragraph is not issued within twelve (12) months 
after July 1, 1998, the department shall deny the application for the 
certificate of need and shall not issue the certificate of need at any time after 
the twelve-month period, unless the issuance is contested. If the certificate 
of need is issued and substantial construction of the nursing facility beds has 
not commenced within eighteen (18) months after July 1, 1998, the State 
Department of Health, after a hearing complying with due process, shall 
revoke the certificate of need if it is still outstanding, and the department 
shall not issue a license for the nursing facility at any time after the 
eighteen-month period. Provided, however, that if the issuance of the 

97 



§ 41-7-191 Public Health 

certificate of need is contested, the department shall require substantial 
construction of the nursing facility beds within six (6) months after final 
adjudication on the issuance of the certificate of need. 

(o) The department may issue a certificate of need for the new construc- 
tion, addition or conversion of skilled nursing facility beds in Leake County, 
provided that the recipient of the certificate of need agrees in writing that 
the skilled nursing facility will not at any time participate in the Medicaid 
program (Section 43-13-101 et seq.) or admit or keep any patients in the 
skilled nursing facility who are participating in the Medicaid program. This 
written agreement by the recipient of the certificate of need shall be fully 
binding on any subsequent owner of the skilled nursing facility, if the 
ownership of the facility is transferred at any time after the issuance of the 
certificate of need. Agreement that the skilled nursing facility will not 
participate in the Medicaid program shall be a condition of the issuance of a 
certificate of need to any person under this paragraph (o), and if such skilled 
nursing facility at any time after the issuance of the certificate of need, 
regardless of the ownership of the facility, participates in the Medicaid 
program or admits or keeps any patients in the facility who are participating 
in the Medicaid program, the State Department of Health shall revoke the 
certificate of need, if it is still outstanding, and shall deny or revoke the 
license of the skilled nursing facility, at the time that the department 
determines, after a hearing complying with due process, that the facility has 
failed to comply with any of the conditions upon which the certificate of need 
was issued, as provided in this paragraph and in the written agreement by 
the recipient of the certificate of need. The total number of nursing facility 
beds that may be authorized by any certificate of need issued under this 
paragraph (o) shall not exceed sixty (60) beds. If the certificate of need 
authorized under this paragraph is not issued within twelve (12) months 
after July 1, 2001, the department shall deny the application for the 
certificate of need and shall not issue the certificate of need at any time after 
the twelve-month period, unless the issuance is contested. If the certificate 
of need is issued and substantial construction of the nursing facility beds has 
not commenced within eighteen (18) months after July 1, 2001, the State 
Department of Health, after a hearing complying with due process, shall 
revoke the certificate of need if it is still outstanding, and the department 
shall not issue a license for the nursing facility at any time after the 
eighteen-month period. Provided, however, that if the issuance of the 
certificate of need is contested, the. department shall require substantial 
construction of the nursing facility beds within six (6) months after final 
adjudication on the issuance of the certificate of need. 

(p) The department may issue a certificate of need for the construction 
of a municipally owned nursing facility within the Town of Belmont in 
Tishomingo County, not to exceed sixty (60) beds, provided that the recipient 
of the certificate of need agrees in writing that the skilled nursing facility 
will not at any time participate in the Medicaid program (Section 43-13-101 
et seq.) or admit or keep any patients in the skilled nursing facility who are 

98 



Hospital & Health Care Comms. § 41-7-191 

participating in the Medicaid program. This written agreement by the 
recipient of the certificate of need shall be fully binding on any subsequent 
owner of the skilled nursing facility, if the ownership of the facility is 
transferred at any time after the issuance of the certificate of need. 
Agreement that the skilled nursing facility will not participate in the 
Medicaid program shall be a condition of the issuance of a certificate of need 
to any person under this paragraph (p), and if such skilled nursing facility at 
any time after the issuance of the certificate of need, regardless of the 
ownership of the facility, participates in the Medicaid program or admits or 
keeps any patients in the facility who are participating in the Medicaid 
program, the State Department of Health shall revoke the certificate of need, 
if it is still outstanding, and shall deny or revoke the license of the skilled 
nursing facility, at the time that the department determines, after a hearing 
complying with due process, that the facility has failed to comply with any of 
the conditions upon which the certificate of need was issued, as provided in 
this paragraph and in the written agreement by the recipient of the 
certificate of need. The provision of Section 43-7-193(1) regarding substan- 
tial compliance of the projection of need as reported in the current State 
Health Plan is waived for the purposes of this paragraph. If the certificate of 
need authorized under this paragraph is not issued within twelve (12) 
months after July 1, 1998, the department shall deny the application for the 
certificate of need and shall not issue the certificate of need at any time after 
the twelve-month period, unless the issuance is contested. If the certificate 
of need is issued and substantial construction of the nursing facility beds has 
not commenced within eighteen (18) months after July 1, 1998, the State 
Department of Health, after a hearing complying with due process, shall 
revoke the certificate of need if it is still outstanding, and the department 
shall not issue a license for the nursing facility at any time after the 
eighteen-month period. Provided, however, that if the issuance of the 
certificate of need is contested, the department shall require substantial 
construction of the nursing facility beds within six (6) months after final 
adjudication on the issuance of the certificate of need. 

(q)(i) Beginning on July 1, 1999, the State Department of Health shall 
issue certificates of need during each of the next four (4) fiscal years for the 
construction or expansion of nursing facility beds or the conversion of 
other beds to nursing facility beds in each county in the state having a 
need for fifty (50) or more additional nursing facility beds, as shown in the 
fiscal year 1999 State Health Plan, in the manner provided in this 
paragraph (q). The total number of nursing facility beds that may be 
authorized by any certificate of need authorized under this paragraph (q) 
shall not exceed sixty (60) beds. 

(ii) Subject to the provisions of subparagraph (v), during each of the 
next four (4) fiscal years, the department shall issue six (6) certificates of 
need for new nursing facility beds, as follows: During fiscal years 2000, 
2001 and 2002, one (1) certificate of need shall be issued for new nursing 
facility beds in the county in each of the four (4) Long-Term Care Planning 

99 



§ 41-7-191 Public Health 

Districts designated in the fiscal year 1999 State Health Plan that has the 
highest need in the district for those beds; and two (2) certificates of need 
shall be issued for new nursing facility beds in the two (2) counties from 
the state at large that have the highest need in the state for those beds, 
when considering the need on a statewide basis and without regard to the 
Long-Term Care Planning Districts in which the counties are located. 
During fiscal year 2003, one (1) certificate of need shall be issued for new 
nursing facility beds in any county having a need for fifty (50) or more 
additional nursing facility beds, as shown in the fiscal year 1999 State 
Health Plan, that has not received a certificate of need under this 
paragraph (q) during the three (3) previous fiscal years. During fiscal year 
2000, in addition to the six (6) certificates of need authorized in this 
subparagraph, the department also shall issue a certificate of need for new 
nursing facility beds in Amite County and a certificate of need for new 
nursing facility beds in Carroll County. 

(hi) Subject to the provisions of subparagraph (v), the certificate of 
need issued under subparagraph (ii) for nursing facility beds in each 
Long-Term Care Planning District during each fiscal year shall first be 
available for nursing facility beds in the county in the district having the 
highest need for those beds, as shown in the fiscal year 1999 State Health 
Plan. If there are no applications for a certificate of need for nursing 
facility beds in the county having the highest need for those beds by the 
date specified by the department, then the certificate of need shall be 
available for nursing facility beds in other counties in the district in 
descending order of the need for those beds, from the county with the 
second highest need to the county with the lowest need, until an applica- 
tion is received for nursing facility beds in an eligible county in the district. 

(iv) Subject to the provisions of subparagraph (v), the certificate of 
need issued under subparagraph (ii) for nursing facility beds in the two (2) 
counties from the state at large during each fiscal year shall first be 
available for nursing facility beds in the two (2) counties that have the 
highest need in the state for those beds, as shown in the fiscal year 1999 
State Health Plan, when considering the need on a statewide basis and 
without regard to the Long-Term Care Planning Districts in which the 
counties are located. If there are no applications for a certificate of need for 
nursing facility beds in either of the two (2) counties having the highest 
need for those beds on a statewide basis by the date specified by the 
department, then the certificate of need shall be available for nursing 
facility beds in other counties from the state at large in descending order 
of the need for those beds on a statewide basis, from the county with the 
second highest need to the county with the lowest need, until an applica- 
tion is received for nursing facility beds in an eligible county from the state 
at large. 

(v) If a certificate of need is authorized to be issued under this 
paragraph (q) for nursing facility beds in a county on the basis of the need 
in the Long-Term Care Planning District during any fiscal year of the 

100 



Hospital & Health Care Comms. § 41-7-191 

four-year period, a certificate of need shall not also be available under this 
paragraph (q) for additional nursing facility beds in that county on the 
basis of the need in the state at large, and that county shall be excluded in 
determining which counties have the highest need for nursing facility beds 
in the state at large for that fiscal year. After a certificate of need has been 
issued under this paragraph (q) for nursing facility beds in a county during 
any fiscal year of the four-year period, a certificate of need shall not be 
available again under this paragraph (q) for additional nursing facility 
beds in that county during the four-year period, and that county shall be 
excluded in determining which counties have the highest need for nursing 
facility beds in succeeding fiscal years. 

(vi) If more than one (1) application is made for a certificate of need 
for nursing home facility beds available under this paragraph (q), in 
Yalobusha, Newton or Tallahatchie County, and one (1) of the applicants is 
a county-owned hospital located in the county where the nursing facility 
beds are available, the department shall give priority to the county-owned 
hospital in granting the certificate of need if the following conditions are 
met: 

1. The county-owned hospital fully meets all applicable criteria and 
standards required to obtain a certificate of need for the nursing facility 
beds; and 

2. The county-owned hospital's qualifications for the certificate of 
need, as shown in its application and as determined by the department, 
are at least equal to the qualifications of the other applicants for the 
certificate of need. 

(r)(i) Beginning on July 1, 1999, the State Department of Health shall 
issue certificates of need during each of the next two (2) fiscal years for the 
construction or expansion of nursing facility beds or the conversion of 
other beds to nursing facility beds in each of the four (4) Long-Term Care 
Planning Districts designated in the fiscal year 1999 State Health Plan, to 
provide care exclusively to patients with Alzheimer's disease. 

(ii) Not more than twenty (20) beds may be authorized by any 
certificate of need issued under this paragraph (r), and not more than a 
total of sixty (60) beds may be authorized in any Long-Term Care Planning 
District by all certificates of need issued under this paragraph (r). 
However, the total number of beds that may be authorized by all 
certificates of need issued under this paragraph (r) during any fiscal year 
shall not exceed one hundred twenty (120) beds, and the total number of 
beds that may be authorized in any Long-Term Care Planning District 
during any fiscal year shall not exceed forty (40) beds. Of the certificates 
of need that are issued for each Long-Term Care Planning District during 
the next two (2) fiscal years, at least one (1) shall be issued for beds in the 
northern part of the district, at least one (1) shall be issued for beds in the 
central part of the district, and at least one (1) shall be issued for beds in 
the southern part of the district. 

(iii) The State Department of Health, in consultation with the De- 
partment of Mental Health and the Division of Medicaid, shall develop 

101 



§ 41-7-191 Public Health 

and prescribe the staffing levels, space requirements and other standards 
and requirements that must be met with regard to the nursing facility 
beds authorized under this paragraph (r) to provide care exclusively to 
patients with Alzheimer's disease. 

(s) The State Department of Health may issue a certificate of need to a 
nonprofit skilled nursing facility using the Green House model of skilled 
nursing care and located in Yazoo City, Yazoo County, Mississippi, for the 
construction, expansion or conversion of not more than nineteen (19) nursing 
facility beds. For purposes of this paragraph (s), the provisions of Section 
41-7-193(1) requiring substantial compliance with the projection of need as 
reported in the current State Health Plan and the provisions of Section 
41-7-197 requiring a formal certificate of need hearing process are waived. 
There shall be no prohibition or restrictions on participation in the Medicaid 
program for the person receiving the certificate of need authorized under 
this paragraph (s). 

(t) The State Department of Health shall issue certificates of need to 
the owner of a nursing facility in operation at the time of Hurricane Katrina 
in Hancock County that was not operational on December 31, 2005, because 
of damage sustained from Hurricane Katrina to authorize the following: (i) 
the construction of a new nursing facility in Harrison County; (ii) the 
relocation of forty-nine (49) nursing facility beds from the Hancock County 
facility to the new Harrison County facility; (hi) the establishment of not 
more than twenty (20) non-Medicaid nursing facility beds at the Hancock 
County facility; and (iv) the establishment of not more than twenty (20) 
non-Medicaid beds at the new Harrison County facility. The certificates of 
need that authorize the non-Medicaid nursing facility beds under subpara- 
graphs (iii) and (iv) of this paragraph (t) shall be subject to the following 
conditions: The owner of the Hancock County facility and the new Harrison 
County facility must agree in writing that no more than fifty (50) of the beds 
at the Hancock County facility and no more than forty-nine (49) of the beds 
at the Harrison County facility will be certified for participation in the 
Medicaid program, and that no claim will be submitted for Medicaid 
reimbursement for more than fifty (50) patients in the Hancock County 
facility in any month, or for more than forty-nine (49) patients in the 
Harrison County facility in any month, or for any patient in either facility 
who is in a bed that is not Medicaid-certified. This written agreement by the 
owner of the nursing facilities shall be a condition of the issuance of the 
certificates of need under this paragraph (t), and the agreement shall be fully 
binding on any later owner or owners of either facility if the ownership of 
either facility is transferred at any time after the certificates of need are 
issued. After this written agreement is executed, the Division of Medicaid 
and the State Department of Health shall not certify more than fifty (50) of 
the beds at the Hancock County facility or more than forty-nine (49) of the 
beds at the Harrison County facility for participation in the Medicaid 
program. If the Hancock County facility violates the terms of the written 
agreement by admitting or keeping in the facility on a regular or continuing 

102 



Hospital & Health Care Comms. § 41-7-191 

basis more than fifty (50) patients who are participating in the Medicaid 

program, or if the Harrison County facility violates the terms of the written 

agreement by admitting or keeping in the facility on a regular or continuing 

basis more than forty-nine (49) patients who are participating in the 

Medicaid program, the State Department of Health shall revoke the license 

of the facility that is in violation of the agreement, at the time that the 

department determines, after a hearing complying with due process, that 

the facility has violated the agreement. 

(3) The State Department of Health may grant approval for and issue 

certificates of need to any person proposing the new construction of, addition 

to, conversion of beds of or expansion of any health-care facility defined in 

subparagraph (x) (psychiatric residential treatment facility) of Section 41-7- 

173(h). The total number of beds which may be authorized by such certificates 

of need shall not exceed three hundred thirty-four (334) beds for the entire 

state. 

(a) Of the total number of beds authorized under this subsection, the 
department shall issue a certificate of need to a privately-owned psychiatric 
residential treatment facility in Simpson County for the conversion of 
sixteen (16) intermediate care facility for the mentally retarded (ICF-MR) 
beds to psychiatric residential treatment facility beds, provided that facility 
agrees in writing that the facility shall give priority for the use of those 
sixteen (16) beds to Mississippi residents who are presently being treated in 
out-of-state facilities. 

(b) Of the total number of beds authorized under this subsection, the 
department may issue a certificate or certificates of need for the construction 
or expansion of psychiatric residential treatment facility beds or the conver- 
sion of other beds to psychiatric residential treatment facility beds in Warren 
County, not to exceed sixty (60) psychiatric residential treatment facility 
beds, provided that the facility agrees in writing that no more than thirty 
(30) of the beds at the psychiatric residential treatment facility will be 
certified for participation in the Medicaid program (Section 43-13-101 et 
seq.) for the use of any patients other than those who are participating only 
in the Medicaid program of another state, and that no claim will be 
submitted to the Division of Medicaid for Medicaid reimbursement for more 
than thirty (30) patients in the psychiatric residential treatment facility in 
any day or for any patient in the psychiatric residential treatment facility 
who is in a bed that is not Medicaid-certified. This written agreement by the 
recipient of the certificate of need shall be a condition of the issuance of the 
certificate of need under this paragraph, and the agreement shall be fully 
binding on any subsequent owner of the psychiatric residential treatment 
facility if the ownership of the facility is transferred at any time after the 
issuance of the certificate of need. After this written agreement is executed, 
the Division of Medicaid and the State Department of Health shall not 
certify more than thirty (30) of the beds in the psychiatric residential 
treatment facility for participation in the Medicaid program for the use of 
any patients other than those who are participating only in the Medicaid 

103 



§ 41-7-191 Public Health 

program of another state. If the psychiatric residential treatment facility 
violates the terms of the written agreement by admitting or keeping in the 
facility on a regular or continuing basis more than thirty (30) patients who 
are participating in the Mississippi Medicaid program, the State Depart- 
ment of Health shall revoke the license of the facility, at the time that the 
department determines, after a hearing complying with due process, that 
the facility has violated the condition upon which the certificate of need was 
issued, as provided in this paragraph and in the written agreement. 

The State Department of Health, on or before July 1, 2002, shall 
transfer the certificate of need authorized under the authority of this 
paragraph (b), or reissue the certificate of need if it has expired, to River 
Region Health System. 

(c) Of the total number of beds authorized under this subsection, the 
department shall issue a certificate of need to a hospital currently operating 
Medicaid-certified acute psychiatric beds for adolescents in DeSoto County, 
for the establishment of a forty-bed psychiatric residential treatment facility 
in DeSoto County, provided that the hospital agrees in writing (i) that the 
hospital shall give priority for the use of those forty (40) beds to Mississippi 
residents who are presently being treated in out-of-state facilities, and (ii) 
that no more than fifteen (15) of the beds at the psychiatric residential 
treatment facility will be certified for participation in the Medicaid program 
(Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid 
reimbursement for more than fifteen (15) patients in the psychiatric resi- 
dential treatment facility in any day or for any patient in the psychiatric 
residential treatment facility who is in a bed that is not Medicaid-certified. 
This written agreement by the recipient of the certificate of need shall be a 
condition of the issuance of the certificate of need under this paragraph, and 
the agreement shall be fully binding on any subsequent owner of the 
psychiatric residential treatment facility if the ownership of the facility is 
transferred at any time after the issuance of the certificate of need. After this 
written agreement is executed, the Division of Medicaid and the State 
Department of Health shall not certify more than fifteen (15) of the beds in 
the psychiatric residential treatment facility for participation in the Medi- 
caid program. If the psychiatric residential treatment facility violates the 
terms of the written agreement by admitting or keeping in the facility on a 
regular or continuing basis more than fifteen (15) patients who are partici- 
pating in the Medicaid program, the State Department of Health shall 
revoke the license of the facility, at the time that the department determines, 
after a hearing complying with due process, that the facility has violated the 
condition upon which the certificate of need was issued, as provided in this 
paragraph and in the written agreement. 

(d) Of the total number of beds authorized under this subsection, the 
department may issue a certificate or certificates of need for the construction 
or expansion of psychiatric residential treatment facility beds or the conver- 
sion of other beds to psychiatric treatment facility beds, not to exceed thirty 
(30) psychiatric residential treatment facility beds, in either Alcorn, 

104 



Hospital & Health Care Comms. § 41-7-191 

Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, Pontotoc, Cal- 
houn, Lafayette, Union, Benton or Tippah County. 

(e) Of the total number of beds authorized under this subsection (3) the 
department shall issue a certificate of need to a privately-owned, nonprofit 
psychiatric residential treatment facility in Hinds County for an eight-bed 
expansion of the facility, provided that the facility agrees in writing that the 
facility shall give priority for the use of those eight (8) beds to Mississippi 
residents who are presently being treated in out-of-state facilities. 

(f) The department shall issue a certificate of need to a one-hundred- 
thirty-four-bed specialty hospital located on twenty-nine and forty-four 
one-hundredths (29.44) commercial acres at 5900 Highway 39 North in 
Meridian (Lauderdale County), Mississippi, for the addition, construction or 
expansion of child/adolescent psychiatric residential treatment facility beds 
in Lauderdale County. As a condition of issuance of the certificate of need 
under this paragraph, the facility shall give priority in admissions to the 
child/adolescent psychiatric residential treatment facility beds authorized 
under this paragraph to patients who otherwise would require out-of-state 
placement. The Division of Medicaid, in conjunction with the Department of 
Human Services, shall furnish the facility a list of all out-of-state patients on 
a quarterly basis. Furthermore, notice shall also be provided to the parent, 
custodial parent or guardian of each out-of-state patient notifying them of 
the priority status granted by this paragraph. For purposes of this para- 
graph, the provisions of Section 41-7-193(1) requiring substantial compli- 
ance with the projection of need as reported in the current State Health Plan 
are waived. The total number of child/adolescent psychiatric residential 
treatment facility beds that may be authorized under the authority of this 
paragraph shall be sixty (60) beds. There shall be no prohibition or 
restrictions on participation in the Medicaid program (Section 43-13-101 et 
seq.) for the person receiving the certificate of need authorized under this 
paragraph or for the beds converted pursuant to the authority of that 
certificate of need. 

(4)(a) From and after July 1, 1993, the department shall not issue a 
certificate of need to any person for the new construction of any hospital, 
psychiatric hospital or chemical dependency hospital that will contain any 
child/adolescent psychiatric or child/adolescent chemical dependency beds, 
or for the conversion of any other health-care facility to a hospital, psychi- 
atric hospital or chemical dependency hospital that will contain any child/ 
adolescent psychiatric or child/adolescent chemical dependency beds, or for 
the addition of any child/adolescent psychiatric or child/adolescent chemical 
dependency beds in any hospital, psychiatric hospital or chemical depen- 
dency hospital, or for the conversion of any beds of another category in any 
hospital, psychiatric hospital or chemical dependency hospital to child/ 
adolescent psychiatric or child/adolescent chemical dependency beds, except 
as hereinafter authorized: 

(i) The department may issue certificates of need to any person for 

any purpose described in this subsection, provided that the hospital, 

105 



§ 41-7-191 Public Health 

psychiatric hospital or chemical dependency hospital does not participate 
in the Medicaid program (Section 43-13-101 et seq.) at the time of the 
application for the certificate of need and the owner of the hospital, 
psychiatric hospital or chemical dependency hospital agrees in writing 
that the hospital, psychiatric hospital or chemical dependency hospital 
will not at any time participate in the Medicaid program or admit or keep 
any patients who are participating in the Medicaid program in the 
hospital, psychiatric hospital or chemical dependency hospital. This writ- 
ten agreement by the recipient of the certificate of need shall be fully 
binding on any subsequent owner of the hospital, psychiatric hospital or 
chemical dependency hospital, if the ownership of the facility is trans- 
ferred at any time after the issuance of the certificate of need. Agreement 
that the hospital, psychiatric hospital or chemical dependency hospital 
will not participate in the Medicaid program shall be a condition of the 
issuance of a certificate of need to any person under this subparagraph (i), 
and if such hospital, psychiatric hospital or chemical dependency hospital 
at any time after the issuance of the certificate of need, regardless of the 
ownership of the facility, participates in the Medicaid program or admits 
or keeps any patients in the hospital, psychiatric hospital or chemical 
dependency hospital who are participating in the Medicaid program, the 
State Department of Health shall revoke the certificate of need, if it is still 
outstanding, and shall deny or revoke the license of the hospital, psychi- 
atric hospital or chemical dependency hospital, at the time that the 
department determines, after a hearing complying with due process, that 
the hospital, psychiatric hospital or chemical dependency hospital has 
failed to comply with any of the conditions upon which the certificate of 
need was issued, as provided in this subparagraph (i) and in the written 
agreement by the recipient of the certificate of need. 

(ii) The department may issue a certificate of need for the conversion 
of existing beds in a county hospital in Choctaw County from acute care 
beds to child/adolescent chemical dependency beds. For purposes of this 
subparagraph (ii), the provisions of Section 41-7-193(1) requiring substan- 
tial compliance with the projection of need as reported in the current State 
Health Plan are waived. The total number of beds that may be authorized 
under authority of this subparagraph shall not exceed twenty (20) beds. 
There shall be no prohibition or restrictions on participation in the 
Medicaid program (Section 43-13-101 et seq.) for the hospital receiving the 
certificate of need authorized under this subparagraph or for the beds 
converted pursuant to the authority of that certificate of need. 

(iii) The department may issue a certificate or certificates of need for 
the construction or expansion of child/adolescent psychiatric beds or the 
conversion of other beds to child/adolescent psychiatric beds in Warren 
County. For purposes of this subparagraph (iii), the provisions of Section 
41-7-193(1) requiring substantial compliance with the projection of need 
as reported in the current State Health Plan are waived. The total number 
of beds that may be authorized under the authority of this subparagraph 

106 



Hospital & Health Care Comms. § 41-7-191 

shall not exceed twenty (20) beds. There shall be no prohibition or 
restrictions on participation in the Medicaid program (Section 43-13-101 
et seq.) for the person receiving the certificate of need authorized under 
this subparagraph or for the beds converted pursuant to the authority of 
that certificate of need. 

If by January 1, 2002, there has been no significant commencement of 
construction of the beds authorized under this subparagraph (iii), or no 
significant action taken to convert existing beds to the beds authorized 
under this subparagraph, then the certificate of need that was previously 
issued under this subparagraph shall expire. If the previously issued 
certificate of need expires, the department may accept applications for 
issuance of another certificate of need for the beds authorized under this 
subparagraph, and may issue a certificate of need to authorize the 
construction, expansion or conversion of the beds authorized under this 
subparagraph. 

(iv) The department shall issue a certificate of need to the Region 7 
Mental Health/Retardation Commission for the construction or expansion 
of child/adolescent psychiatric beds or the conversion of other beds to 
child/adolescent psychiatric beds in any of the counties served by the 
commission. For purposes of this subparagraph (iv), the provisions of 
Section 41-7-193(1) requiring substantial compliance with the projection 
of need as reported in the current State Health Plan are waived. The total 
number of beds that may be authorized under the authority of this 
subparagraph shall not exceed twenty (20) beds. There shall be no 
prohibition or restrictions on participation in the Medicaid program 
(Section 43-13-101 et seq.) for the person receiving the certificate of need 
authorized under this subparagraph or for the beds converted pursuant to 
the authority of that certificate of need. 

(v) The department may issue a certificate of need to any county 
hospital located in Leflore County for the construction or expansion of 
adult psychiatric beds or the conversion of other beds to adult psychiatric 
beds, not to exceed twenty (20) beds, provided that the recipient of the 
certificate of need agrees in writing that the adult psychiatric beds will not 
at any time be certified for participation in the Medicaid program and that 
the hospital will not admit or keep any patients who are participating in 
the Medicaid program in any of such adult psychiatric beds. This written 
agreement by the recipient of the certificate of need shall be fully binding 
on any subsequent owner of the hospital if the ownership of the hospital is 
transferred at any time after the issuance of the certificate of need. 
Agreement that the adult psychiatric beds will not be certified for 
participation in the Medicaid program shall be a condition of the issuance 
of a certificate of need to any person under this subparagraph (v), and if 
such hospital at any time after the issuance of the certificate of need, 
regardless of the ownership of the hospital, has any of such adult 
psychiatric beds certified for participation in the Medicaid program or 
admits or keeps any Medicaid patients in such adult psychiatric beds, the 

107 



§ 41-7-191 Public Health 

State Department of Health shall revoke the certificate of need, if it is still 
outstanding, and shall deny or revoke the license of the hospital at the 
time that the department determines, after a hearing complying with due 
process, that the hospital has failed to comply with any of the conditions 
upon which the certificate of need was issued, as provided in this 
subparagraph and in the written agreement by the recipient of the 
certificate of need. 

(vi) The department may issue a certificate or certificates of need for 
the expansion of child psychiatric beds or the conversion of other beds to 
child psychiatric beds at the University of Mississippi Medical Center. For 
purposes of this subparagraph (vi), the provisions of Section 41-7-193(1) 
requiring substantial compliance with the projection of need as reported in 
the current State Health Plan are waived. The total number of beds that 
may be authorized under the authority of this subparagraph shall not 
exceed fifteen (15) beds. There shall be no prohibition or restrictions on 
participation in the Medicaid program (Section 43-13-101 et seq.) for the 
hospital receiving the certificate of need authorized under this subpara- 
graph or for the beds converted pursuant to the authority of that 
certificate of need. 

(b) From and after July 1, 1990, no hospital, psychiatric hospital or 
chemical dependency hospital shall be authorized to add any child/adoles- 
cent psychiatric or child/adolescent chemical dependency beds or convert 
any beds of another category to child/adolescent psychiatric or child/adoles- 
cent chemical dependency beds without a certificate of need under the 
authority of subsection (l)(c) of this section. 

(5) The department may issue a certificate of need to a county hospital in 
Winston County for the conversion of fifteen (15) acute care beds to geriatric 
psychiatric care beds. 

(6) The State Department of Health shall issue a certificate of need to a 
Mississippi corporation qualified to manage a long-term care hospital as 
defined in Section 41-7-173(h)(xii) in Harrison County, not to exceed eighty (80) 
beds, including any necessary renovation or construction required for licensure 
and certification, provided that the recipient of the certificate of need agrees in 
writing that the long-term care hospital will not at any time participate in the 
Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in 
the long-term care hospital who are participating in the Medicaid program. 
This written agreement by the recipient of the certificate of need shall be fully 
binding on any subsequent owner of the long-term care hospital, if the 
ownership of the facility is transferred at any time after the issuance of the 
certificate of need. Agreement that the long-term care hospital will not 
participate in the Medicaid program shall be a condition of the issuance of a 
certificate of need to any person under this subsection (6), and if such 
long-term care hospital at any time after the issuance of the certificate of need, 
regardless of the ownership of the facility, participates in the Medicaid 
program or admits or keeps any patients in the facility who are participating 
in the Medicaid program, the State Department of Health shall revoke the 

108 



Hospital & Health Care Comms. § 41-7-191 

certificate of need, if it is still outstanding, and shall deny or revoke the license 
of the long-term care hospital, at the time that the department determines, 
after a hearing complying with due process, that the facility has failed to 
comply with any of the conditions upon which the certificate of need was 
issued, as provided in this subsection and in the written agreement by the 
recipient of the certificate of need. For purposes of this subsection, the 
provisions of Section 41-7-193(1) requiring substantial compliance with the 
projection of need as reported in the current State Health Plan are hereby 
waived. 

(7) The State Department of Health may issue a certificate of need to any 
hospital in the state to utilize a portion of its beds for the "swing-bed" concept. 
Any such hospital must be in conformance with the federal regulations 
regarding such swing-bed concept at the time it submits its application for a 
certificate of need to the State Department of Health, except that such hospital 
may have more licensed beds or a higher average daily census (ADC) than the 
maximum number specified in federal regulations for participation in the 
swing-bed program. Any hospital meeting all federal requirements for partic- 
ipation in the swing-bed program which receives such certificate of need shall 
render services provided under the swing-bed concept to any patient eligible 
for Medicare (Title XVIII of the Social Security Act) who is certified by a 
physician to be in need of such services, and no such hospital shall permit any 
patient who is eligible for both Medicaid and Medicare or eligible only for 
Medicaid to stay in the swing beds of the hospital for more than thirty (30) days 
per admission unless the hospital receives prior approval for such patient from 
the Division of Medicaid, Office of the Governor. Any hospital having more 
licensed beds or a higher average daily census (ADC) than the maximum 
number specified in federal regulations for participation in the swing-bed 
program which receives such certificate of need shall develop a procedure to 
insure that before a patient is allowed to stay in the swing beds of the hospital, 
there are no vacant nursing home beds available for that patient located 
within a fifty- mile radius of the hospital. When any such hospital has a patient 
staying in the swing beds of the hospital and the hospital receives notice from 
a nursing home located within such radius that there is a vacant bed available 
for that patient, the hospital shall transfer the patient to the nursing home 
within a reasonable time after receipt of the notice. Any hospital which is 
subject to the requirements of the two (2) preceding sentences of this 
subsection may be suspended from participation in the swing-bed program for 
a reasonable period of time by the State Department of Health if the 
department, after a hearing complying with due process, determines that the 
hospital has failed to comply with any of those requirements. 

(8) The Department of Health shall not grant approval for or issue a 
certificate of need to any person proposing the new construction of, addition to 
or expansion of a health-care facility as defined in subparagraph (viii) of 
Section 41-7- 173(h), except as hereinafter provided: The department may issue 
a certificate of need to a nonprofit corporation located in Madison County, 
Mississippi, for the construction, expansion or conversion of not more than 

109 



§ 41-7-191 Public Health 

twenty (20) beds in a community living program for developmentally disabled 
adults in a facility as denned in subparagraph (viii) of Section 41-7-173(h). For 
purposes of this subsection (8), the provisions of Section 41-7-193(1) requiring 
substantial compliance with the projection of need as reported in the current 
State Health Plan and the provisions of Section 41-7-197 requiring a formal 
certificate of need hearing process are waived. There shall be no prohibition or 
restrictions on participation in the Medicaid program for the person receiving 
the certificate of need authorized under this subsection (8). 

(9) The Department of Health shall not grant approval for or issue a 
certificate of need to any person proposing the establishment of, or expansion 
of the currently approved territory of, or the contracting to establish a home 
office, subunit or branch office within the space operated as a health-care 
facility as defined in Section 41-7-173(h)(i) through (viii) by a health-care 
facility as defined in subparagraph (ix) of Section 41-7-173(h). 

(10) Health-care facilities owned and/or operated by the state or its 
agencies are exempt from the restraints in this section against issuance of a 
certificate of need if such addition or expansion consists of repairing or 
renovation necessary to comply with the state licensure law. This exception 
shall not apply to the new construction of any building by such state facility. 
This exception shall not apply to any health-care facilities owned and/or 
operated by counties, municipalities, districts, unincorporated areas, other 
defined persons, or any combination thereof. 

(11) The new construction, renovation or expansion of or addition to any 
health-care facility defined in subparagraph (ii) (psychiatric hospital), sub- 
paragraph (iv) (skilled nursing facility), subparagraph (vi) (intermediate care 
facility), subparagraph (viii) (intermediate care facility for the mentally 
retarded) and subparagraph (x) (psychiatric residential treatment facility) of 
Section 41-7-173(h) which is owned by the State of Mississippi and under the 
direction and control of the State Department of Mental Health, and the 
addition of new beds or the conversion of beds from one category to another in 
any such defined health-care facility which is owned by the State of Mississippi 
and under the direction and control of the State Department of Mental Health, 
shall not require the issuance of a certificate of need under Section 41-7-171 et 
seq., notwithstanding any provision in Section 41-7-171 et seq. to the contrary. 

(12) The new construction, renovation or expansion of or addition to any 
veterans homes or domiciliaries for eligible veterans of the State of Mississippi 
as authorized under Section 35-1-19 shall not require the issuance of a 
certificate of need, notwithstanding any, provision in Section 41-7-171 et seq. to 
the contrary. 

(13) The new construction of a nursing facility or nursing facility beds or 
the conversion of other beds to nursing facility beds shall not require the 
issuance of a certificate of need, notwithstanding any provision in Section 
41-7-171 et seq. to the contrary, if the conditions of this subsection are met. 

(a) Before any construction or conversion may be undertaken without a 
certificate of need, the owner of the nursing facility, in the case of an existing 
facility, or the applicant to construct a nursing facility, in the case of new 

110 



Hospital & Health Care Comms. § 41-7-191 

construction, first must file a written notice of intent and sign a written 
agreement with the State Department of Health that the entire nursing 
facility will not at any time participate in or have any beds certified for 
participation in the Medicaid program (Section 43-13-101 et seq.), will not 
admit or keep any patients in the nursing facility who are participating in 
the Medicaid program, and will not submit any claim for Medicaid reim- 
bursement for any patient in the facility. This written agreement by the 
owner or applicant shall be a condition of exercising the authority under this 
subsection without a certificate of need, and the agreement shall be fully 
binding on any subsequent owner of the nursing facility if the ownership of 
the facility is transferred at any time after the agreement is signed. After the 
written agreement is signed, the Division of Medicaid and the State 
Department of Health shall not certify any beds in the nursing facility for 
participation in the Medicaid program. If the nursing facility violates the 
terms of the written agreement by participating in the Medicaid program, 
having any beds certified for participation in the Medicaid program, admit- 
ting or keeping any patient in the facility who is participating in the 
Medicaid program, or submitting any claim for Medicaid reimbursement for 
any patient in the facility, the State Department of Health shall revoke the 
license of the nursing facility at the time that the department determines, 
after a hearing complying with due process, that the facility has violated the 
terms of the written agreement. 

(b) For the purposes of this subsection, participation in the Medicaid 
program by a nursing facility includes Medicaid reimbursement of coinsur- 
ance and deductibles for recipients who are qualified Medicare beneficiaries 
and/or those who are dually eligible. Any nursing facility exercising the 
authority under this subsection may not bill or submit a claim to the 
Division of Medicaid for services to qualified Medicare beneficiaries and/or 
those who are dually eligible. 

(c) The new construction of a nursing facility or nursing facility beds or 
the conversion of other beds to nursing facility beds described in this section 
must be either a part of a completely new continuing care retirement 
community, as described in the latest edition of the Mississippi State Health 
Plan, or an addition to existing personal care and independent living 
components, and so that the completed project will be a continuing care 
retirement community, containing (i) independent living accommodations, 
(ii) personal care beds, and (iii) the nursing home facility beds. The three (3) 
components must be located on a single site and be operated as one (1) 
inseparable facility. The nursing facility component must contain a mini- 
mum of thirty (30) beds. Any nursing facility beds authorized by this section 
will not be counted against the bed need set forth in the State Health Plan, 
as identified in Section 41-7-171 et seq. 

This subsection (13) shall stand repealed from and after July 1, 2005. 
(14) The State Department of Health shall issue a certificate of need to 
any hospital which is currently licensed for two hundred fifty (250) or more 
acute care beds and is located in any general hospital service area not having 

111 



§ 41-7-191 Public Health 

a comprehensive cancer center, for the establishment and equipping of such a 
center which provides facilities and services for outpatient radiation oncology 
therapy, outpatient medical oncology therapy, and appropriate support ser- 
vices including the provision of radiation therapy services. The provisions of 
Section 41-7-193(1) regarding substantial compliance with the projection of 
need as reported in the current State Health Plan are waived for the purpose 
of this subsection. 

(15) The State Department of Health may authorize the transfer of 
hospital beds, not to exceed sixty (60) beds, from the North Panola Community 
Hospital to the South Panola Community Hospital. The authorization for the 
transfer of those beds shall be exempt from the certificate of need review 
process. 

(16) The State Department of Health shall issue any certificates of need 
necessary for Mississippi State University and a public or private health-care 
provider to jointly acquire and operate a linear accelerator and a magnetic 
resonance imaging unit. Those certificates of need shall cover all capital 
expenditures related to the project between Mississippi State University and 
the health-care provider, including, but not limited to, the acquisition of the 
linear accelerator, the magnetic resonance imaging unit and other radiological 
modalities; the offering of linear accelerator and magnetic resonance imaging 
services; and the cost of construction of facilities in which to locate these 
services. The linear accelerator and the magnetic resonance imaging unit shall 
be (a) located in the City of Starkville, Oktibbeha County, Mississippi; (b) 
operated jointly by Mississippi State University and the public or private 
health-care provider selected by Mississippi State University through a 
request for proposals (RFP) process in which Mississippi State University 
selects, and the Board of Trustees of State Institutions of Higher Learning 
approves, the health-care provider that makes the best overall proposal; (c) 
available to Mississippi State University for research purposes two-thirds ( 2 /3) 
of the time that the linear accelerator and magnetic resonance imaging unit 
are operational; and (d) available to the public or private health-care provider 
selected by Mississippi State University and approved by the Board of Trustees 
of State Institutions of Higher Learning one-third (Vs) of the time for clinical, 
diagnostic and treatment purposes. For purposes of this subsection, the 
provisions of Section 41-7-193(1) requiring substantial compliance with the 
projection of need as reported in the current State Health Plan are waived. 

(17) The State Department of Health shall issue a certificate of need for 
the construction of an acute care hospital in Kemper County, not to exceed 
twenty-five (25) beds, which shall be named the "John C. Stennis Memorial 
Hospital." In issuing the certificate of need under this subsection, the depart- 
ment shall give priority to a hospital located in Lauderdale County that has 
two hundred fifteen (215) beds. For purposes of this subsection, the provisions 
of Section 41-7-193(1) requiring substantial compliance with the projection of 
need as reported in the current State Health Plan and the provisions of Section 
41-7-197 requiring a formal certificate of need hearing process are waived. 
There shall be no prohibition or restrictions on participation in the Medicaid 

112 



Hospital & Health Care Comms. § 41-7-191 

program (Section 43-13-101 et seq.) for the person or entity receiving the 
certificate of need authorized under this subsection or for the beds constructed 
under the authority of that certificate of need. 

(18) Nothing in this section or in any other provision of Section 41-7-171 
et seq. shall prevent any nursing facility from designating an appropriate 
number of existing beds in the facility as beds for providing care exclusively to 
patients with Alzheimer's disease. 

SOURCES: Laws, 1979, ch. 451, §§ 9, 27; Laws, 1980, ch. 493, § 5; Laws, 1981, ch. 
484, § 14; Laws, 1982, ch. 499, § 1; Laws, 1983, ch. 484, § 5; Laws, 1984, ch. 
505; Laws, 1985, ch. 534, § 8; Laws, 1986, ch. 437, § 40; Laws, 1987, ch. 515, 
§ 6; Laws, 1988, ch. 421, § 1; Laws, 1989, ch. 530, § 2; Laws, 1990, ch. 510, § 2; 
Laws, 1993, ch. 426, § 10; Laws, 1993, ch. 493, § 1; Laws, 1993, ch. 609, § 10; 
Laws, 1994, ch. 649, § 16; Laws, 1995, ch. 599, § 1; Laws, 1996, ch. 551, § 1; 
Laws, 1998, ch. 596, § 1; Laws, 1999, ch. 303, § 1; Laws, 1999, ch. 495, § 2; 
Laws, 1999, ch. 583, § 2; Laws, 2001, ch. 342, § 1; Laws, 2001, ch. 607, § 1; 
Laws, 2002, ch. 636B, § 6; Laws, 2003, ch. 393, § 2; Laws, 2004, ch. 438, § 1; 
Laws, 2006, ch. 513, § 1; Laws, 2007, ch. 514, § 21, eff from and after June 
30, 2007. 

Joint Legislative Committee Note — Section 1 of ch. 303, Laws of 1999, effective 
from and after passage (approved March 1, 1999), amended this section. Section 2 of ch. 
495, Laws of 1999, effective July 1, 1999, also amended this section. Finally, this section 
was amended by Section 2 of ch. 583, Laws of 1999, effective from and after June 30, 
1999. As set out above, this section reflects the language of all amendments pursuant 
to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, 
Revision and Publication of Legislation authority to integrate amendments so that all 
versions of the same code section enacted within the same legislative session may 
become effective. The Joint Committee on Compilation, Revision and Publication of 
Legislation ratified the integration of these amendments as consistent with the 
Legislative intent at the April 28, 1999, meeting of the Committee. 

Section 1 of ch. 342, Laws of 2001, effective from and after June 30, 2001, amended 
this section. Section 1 of ch. 607, Laws of 2001, effective from and after July 1, 2001, 
also amended this section. As set out above, this section reflects the language of Section 
1 of ch. 607, Laws of 2001, pursuant to Section 1-3-79 which provides that whenever the 
same section of law is amended by different bills during the same legislative session, 
the amendment with the latest effective date shall supersede all other amendments to 
the same section taking effect earlier. 

Editor's Note — At the direction of the co-counsel for the Joint Legislative 
Committee on Compilation, Revision and Publication of Legislation, errors in (1)(Z), 
(2)(n) and (2)(o) have been corrected by substituting "subsection (1) of this section" for 
"this Section 41-7-19K/)" in (1)(Z), "within eighteen (18) months aft er July 1, 1998" for 
"within eighteen months after the effective date of July 1, 1998" in (2)(n), and "within 
eighteen (18) months after July 1, 2001" for "within eighteen (18) months after the 
effective date of July 1, 2001" in (2)(o). 

Laws of 1995, ch. 599, § 2, provides as follows: 

"SECTION 2. All new programs authorized in Section 1 of this act are subject to the 
availability of funds specifically appropriated therefor by the Legislature." 

Laws of 2002, ch. 636B, was Senate Bill 2189, 2002 Regular Session, and originally 
passed the House of Representatives and the Senate on April 2, 2002. The Governor 
vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of 
Representatives and the Senate on April 12, 2002. 

Laws of 2007, ch. 514, § 22 provides as follows: 

113 



§ 41-7-191 



Public Health 



"SECTION 22. This act shall take effect and be in force from and after June 30, 2007, 
except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be 
in force from and after the passage of this act." Laws of 2007, ch. 514 was approved on 
March 30, 2007. 

Amendment Notes — The 2007 amendment added (17) and redesignated former 
(17) as present (18). 

Cross References — Mississippi State Veterans Home, see § 35-1-19 et seq. 

Ellisville State School, see §§ 41-7-73, 41-19-103 through 41-19-121. 

Definition of "capital expenditure" for purposes of §§ 41-7-171 et seq., see § 41-7-173. 

Power of health care commission to conduct hearings in addition to those authorized 
by this section, see § 41-7-185. 

Projects which are deemed nonsubstantive for purposes of review by the Department, 
see § 41-7-205. 

Critical access hospitals authorized to bank licensed hospital acute care beds, see 
§ 41-9-210. 

Federal Aspects — Provisions of Title XVIII of Social Security Act, see 42 USCS 
§§ 1395 et seq. 

Provisions of Title XIX of Social Security Act, see 42 USCS §§ 1396 et seq. 

JUDICIAL DECISIONS 



1. In general. 

2. Addition of beds. 

3. Certificate of need granted. 

1. In general. 

Mississippi Supreme Court finds no am- 
biguity in the language of Miss. Code Ann. 
§ 41-7-191(16), as without listing a single 
exception or qualification, it clearly man- 
dates the Mississippi State Department of 
Health to issue a certificate of need; there- 
fore, it was proper to grant an application 
that was filed by the parties delineated in 
§ 41-7-191(16). Oktibbeha County Hosp. 
v. Miss. State Dep't of Health, 956 So. 2d 
207 (Miss. 2007). 

Upon passing Miss. Code Ann. § 41-7- 
191(16), the Mississippi legislature effec- 
tively waived all certificate of need (CON) 
requirements as they relate to any en- 
deavor entered into between Mississippi 
State University and any public or private 
health care provider in the acquisition of a 
linear accelerator and a magnetic reso- 
nance imaging unit; therefore, a hospital 
challenging the decision to grant a CON to 
the parties delineated in § 41-7-191 did 
not need a hearing. Oktibbeha County 
Hosp. v. Miss. State Dep't of Health, 956 
So. 2d 207 (Miss. 2007). 

Supposed "notice" to a special assistant 
attorney general is not sufficient under 
Miss. R. Civ. P. 24(d) or Miss. R. App. P. 44; 
therefore, a hospital was procedurally 



barred from bringing constitutional chal- 
lenges to Miss. Code Ann. § 41-7-191(16) 
under Miss. Const, art. 4, § 87, Miss. 
Const, art. 3, § 14, and the Fourteenth 
Amendment where there was no notice to 
the Mississippi Attorney General. 
Oktibbeha County Hosp. v. Miss. State 
Dep't of Health, 956 So. 2d 207 (Miss. 2007). 

An existing nursing home was eligible for 
a a certificate of need for additional beds 
notwithstanding that it had already been 
issued a certificate of need for 60 beds, only 
30 of which were to be Medicaid-eligible, as 
the statutory provision which allowed the 
original certificate of need did not prohibit 
the issuance of a later certificate of need for 
additional beds; further, the certificate of 
need was properly granted to the existing 
nursing home as such grant was more cost- 
effective, based in large part upon the fact 
that it involved an addition to an existing 
facility as opposed to the construction of a 
new facility. Cain v. Mississippi State Dep't 
of Health, 767 So. 2d 207 (Miss. 2000). 

There is nothing in statute or case law 
which indicates that a lessened standard 
of need applies to determine if a "reloca- 
tion" should be approved. St. Dominic- 
Jackson Mem. Hosp. v. Mississippi State 
Dep't of Health, 728 So. 2d 81 (Miss. 
1998). 

Municipal hospital was entitled to state 
action immunity from federal antitrust 
claim arising from its exclusive contract 



114 



Hospital & Health Care Comms. 



§ 41-7-191 



with medical supervisor, who performed 
chronic dialysis in its facility for end stage 
renal disease, as (1) it was subdivision of 
municipal corporation under §§ 41-13-10 
et seq., it was required to obtain certifi- 
cate of need under § 41-7-191(l)(a) and 
(b), and it had right under § 41-13- 
35(5)(g) to contract with any person to 
provide services, and (2) purpose of its 
contract to supervise special unit and per- 
form critical functions was to obtain phy- 
sician's dedicated services by displacing 
unfettered professional medical freedom, 
and allegedly anticompetitive results 
were thus foreseeable. Martin v. Memorial 
Hosp., 86 R3d 1391 (5th Cir. 1996). 

Decision of Mississippi State Depart- 
ment of Health to disapprove unsuccessful 
applicant's application for certificate of 
need for construction of 60-bed nursing 
home and to approve competing applica- 
tion was supported by substantial evi- 
dence and was neither arbitrary nor ca- 
pricious, despite contention that 
unsuccessful application reflected lower 
expenditures and costs; by state law, De- 
partment could grant only one of compet- 
ing applications in county, and State 
Health Officer conducted comparative 
analysis of both applications and deter- 
mined successful application to be supe- 
rior. Cain v. Mississippi State Dep't of 
Health, 666 So. 2d 506 (Miss. 1995). 

Nothing in § 41-7-191 prohibits a pro- 
vider domiciled in one county from apply- 



ing for a receiving a certificate of need to 
offer a health care service in another 
county. City of Durant v. Humphreys 
County Mem. Hosp. /Extended Care Facil- 
ity, 587 So. 2d 244 (Miss. 1991). 

2. Addition of beds. 

When hospital system's proposal to re- 
locate 60 beds from one hospital to an- 
other was actually a request to add 60 
beds, a certificate of need should not have 
been granted because the hospital system 
admitted that it could not meet the crite- 
rion that should have been applied, which 
pertained to the addition of beds. Singing 
River Hosp. Sys. v. Biloxi Reg'l Med. Ctr., 
928 So. 2d 810 (Miss. 2006). 

3. Certificate of need granted. 

Mississippi State Department of Health 
(MSDH) did not err in granting a certifi- 
cate of need (CON) to a company for the 
provision of mobile magnetic resonance 
imaging (MRI) services because, even 
though a customer terminated its service 
agreement with the MRI company while 
the CON application was pending, sub- 
stantial evidence supported the MSDH's 
determination that the MRI company 
would still be able to perform enough 
procedures for its remaining customers to 
meet the annual requirements of the state 
health plan. Miss. State Dep't of Health v. 
Baptist Mem. Hospital-DeSoto, Inc., 984 
So. 2d 967 (Miss. 2008). 



ATTORNEY GENERAL OPINIONS 



Offices of private physicians and den- 
tists in which ambulatory surgical ser- 
vices are provided are not health care 
facilities and are therefore not subject to 
certificate of need review. Thompson, 
March 22, 1994, A.G. Op. #93-0924. 

An office that is a large, all encompass- 
ing, multi-speciality ambulatory surgical 
facility, is not a private office as intended 
by the Section 41-7-173. Moreover, a facil- 
ity is a health care facility inasmuch as it 
would provide institutional health ser- 
vices. Accordingly, such a facility would 
not be exempt from the certificate of need 
requirements set forth in section 41-7- 
191(l)(d)(xi), despite the fact that it is 
owned by a physicians' group. Thompson, 
January 9, 1996, A.G. Op. #95-0802. 



The establishment of and certification 
of a peritoneal dialysis facility for Medi- 
care purposes by the Mississippi State 
Department of Health is the establish- 
ment of a health care facility and, as such, 
requires a certificate of need under the 
Certificate of Need Law of 1979. Thomp- 
son, February 9, 1999, A.G. Op. #99-0808. 

The establishment of a Distinct Part, 
PPS-excluded acute rehabilitation unit in 
an existing hospital, without the addition 
of any licensed beds and when the beds at 
issue will remain licensed as acute care 
beds and only the Medicare reimburse- 
ment schedule will change, is a project 
that requires certificate of need review 
and approval if the unit is either (1) a new 
health care facility, or (2) proposes to offer 



115 



§ 41-7-193 Public Health 

a new health service which was not previ- Since the legislature did not define the 

ously offered by the hospital. Thompson, term, it is within the Department of 

July 2, 1999, A.G. Op. #99-0309. Health's discretion and authority to deter- 

Subsection (2)(q)(vi) is properly inter- mine and set by regulation what consti- 

preted by the Department of Health to be tutes the "reopening" and "operation" of a 

essentially a "tie-breaker" between two health care facility for purposes of Section 

equally qualified applications. Brand, 41-7-191 — whether it means actually 

June 14, 2002, A.G. Op. #02-0302. housing patients/residents, or something 

The 2004 amendment to 41-7-191(16) is short of this. Amy, July 10, 2006, A.G. Op. 

clearly a mandate to the department of 06-0261. 

health to grant the necessary certification Vendors who, in good faith, provided 
of need (CON), without requiring the ap- goods or services, in situations when 
plicant to demonstrate compliance with through no fault of the vendor, the govern- 
any CON criteria or specifications. Amy, ing authorities made an error in the man- 
Sept. 16, 2005, A.G. Op. 05-0452. ner the purchasing laws were followed, 

The 2006 amendment of Section 41-7- are authorized by Section 31-7-57 to bring 

191 plainly requires a certificate of need an original cause of action, as the claim is 

for the reopening of any health care facil- based on a contractual obligation. It would 

ity after it has been closed for more than not be appropriately handled as an appeal 

60 months. Amy, July 10, 2006, A.G. Op. pursuant to Section 21-39-11. Dye, July 

06-0261. 10, 2006, A.G. Op. 06-0267. 

§ 41-7-193. Certificate of need; new institutional health ser- 
vices and other projects. 

(1) No person may enter into any financing arrangement or commitment 
for financing a new institutional health service or any other project requiring 
a certificate of need unless such certificate has been granted for such purpose. 
A certificate of need shall not be granted or issued to any person for any 
proposal, cause or reason, unless the proposal has been reviewed for consis- 
tency with the specifications and the criteria established by the State Depart- 
ment of Health and substantially complies with the projection of need as 
reported in the state health plan in effect at the time the application for the 
proposal was submitted. 

(2) An application for a certificate of need for an institutional health 
service, medical equipment or any proposal requiring a certificate of need shall 
specify the time, within that granted, such shall be functional or operational 
according to a time schedule submitted with the application. Each certificate of 
need shall specify the maximum amount of capital expenditure that may be 
obligated. The State Department of Health shall periodically review the 
progress and time schedule of any person issued or granted a certificate of need 
for any purpose. 

SOURCES: Laws, 1979, ch. 451, § 12; Laws, 1980, ch. 493, § 6; Laws, 1982, ch. 
482, § 3; Laws, 1983, ch. 484, § 6; Laws, 1985, ch. 534, § 9; Laws, 1986, ch. 
437, § 41; Laws, 1993, ch. 467, § 1, eff from and after passage (approved 
March 29, 1993). 

Editor's Note — Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, 
amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have 
repealed this section as of July 1, 1986. 

116 



Hospital & Health Care Comms. 



§ 41-7-195 



Cross References — Waiver of provisions of this section for purposes of certificate 
of need for certain facilities in certain counties, see § 41-7-191. 

JUDICIAL DECISIONS 



1. In general. 

Mississippi State Department of Health 
did not err when it granted a certificate of 
need to provide magnetic resonance ser- 
vices to an applicant where the evidence 
showed that the projected unit would have 
provided for a minimum number of proce- 
dures per year based on information in a 
state health plan, pursuant to Miss. Code 
Ann. § 41-7-193(1). Open MRI, LLC v. 
Miss. State Dep't of Health, 939 So. 2d 813 
(Miss. Ct. App. 2006). 

In its determination of a Certificate of 
Need, the proposal had to be consistent 
with the specifications and criteria estab- 
lished by the Department of Health and in 
substantial compliance with the Missis- 
sippi State Health Plan. Jeff Anderson 
Regfl Med. Ctr. v. Mississippi State Dep't 
of Health, 798 So. 2d 1264 (Miss. 2001). 

A showing of substantial evidence of 
need is required in order for an applicant 
to secure a certificate of need for any 
health care proposal to which the certifi- 
cate of need laws apply; what defines need 
in any given case depends upon the pur- 
pose behind the enactment of the certifi- 



cate of need laws, particular statutory 
provisions, and a consideration of the De- 
partment of Health's stated general re- 
view criteria. Mississippi State Dep't of 
Health v. Mississippi Baptist Medical Ctr., 
663 So. 2d 563 (Miss. 1995). 

The Mississippi State Health Depart- 
ment's use of market share analysis to 
determine a healthcare provider's popula- 
tion base in reviewing an application for a 
certificate of need to establish a cardiac 
catheterization service was not arbitrary 
or capricious; the market share analysis is 
merely statistical method used to evalu- 
ate the need for a particular service, and it 
enables the Mississippi State Department 
of Health to determine what portion of the 
service area's population the applicant is 
likely to serve. Mississippi State Dep't of 
Health v. Golden Triangle Regional Medi- 
cal Ctr, 603 So. 2d 854 (Miss. 1992). 

The Mississippi State Health Depart- 
ment's use of market share analysis to 
determine population base in reviewing 
certificate of need applications is not arbi- 
trary or capricious. HTI Health Servs., 
Inc. v. Mississippi State Dep't of Health, 
603 So. 2d 848 (Miss. 1992). 



§ 41-7-195. Certificate of need; validity; transferability; dura- 
tion; revocation. 

(1) A certificate of need shall be valid only for the defined scope, physical 
location and person named in the application. A certificate of need shall not be 
transferable or assignable nor shall a project or capital expenditure project be 
transferred from one person to another, except with the approval of the State 
Department of Health. A certificate of need shall be valid for the period of time 
specified therein. 

(2) A certificate of need shall be issued for a period of twelve (12) months, 
or such other lesser period as specified by the State Department of Health. 

(3) The State Department of Health may define by regulation, not to 
exceed six (6) months, the time for which a certificate of need may be extended. 

(4) If commencement of construction or other preparation is not substan- 
tially undertaken during a valid certificate of need period or the State 
Department of Health determines the applicant is not making a good faith 
effort to obligate such approved expenditure, the State Department of Health 
shall have the right to withdraw, revoke or rescind the certificate. 



117 



§ 41-7-197 Public Health 

(5) The State Department of Health may approve or disapprove a pro- 
posal for a certificate of need as originally presented in final form, or it may 
approve a certificate of need by a modification, by reduction only, of such 
proposal provided the proponent agrees to such modification. 

SOURCES: Laws, 1979, ch. 451, § 13; Laws, 1980, ch. 493, § 7; Laws, 1982, ch. 
482, § 4; Laws, 1986, ch. 437, § 42, eff from and after July 1, 1986. 

§ 41-7-197. Certificate of need; hearing before hearing officer; 
review. 

(1) The State Department of Health shall adopt and utilize procedures for 
conducting certificate of need reviews. Such procedures shall include, inter 
alia, the following: (a) written notification to the applicant; (b) written 
notification to health-care facilities in the same health service area as the 
proposed service; (c) written notification to other persons who prior to the 
receipt of the application have filed a formal notice of intent to provide the 
proposed services in the same service area; and (d) notification to members of 
the public who reside in the service area where the service is proposed, which 
may be provided through newspapers or public information channels. 

(2) All notices provided shall include, inter alia, the following: (a) the 
proposed schedule for the review; (b) written notification of the period within 
which a public hearing during the course of the review may be requested in 
writing by one or more affected persons, such request to be made within twenty 
(20) days of said notification; and (c) the manner in which notification will be 
provided of the time and place of any hearing so requested. Any such hearing 
shall be conducted by a hearing officer designated by the State Department of 
Health. At such hearing, the hearing officer and any person affected by the 
proposal being reviewed may conduct reasonable questioning of persons who 
make relevant factual allegations concerning the proposal. The hearing officer 
shall require that all persons be sworn before they may offer any testimony at 
the hearing, and the hearing officer is authorized to administer oaths. Any 
person so choosing may be represented by counsel at the hearing. A record of 
the hearing shall be made, which shall consist of a transcript of all testimony 
received, all documents and other material introduced by any interested 
person, the staff report and recommendation and such other material as the 
hearing officer considers relevant, including his own recommendation, which 
he shall make within a reasonable period of time after the hearing is closed and 
after he has had an opportunity to review, study and analyze the evidence 
presented during the hearing. The completed record shall be certified to the 
State Health Officer, who shall consider only the record in making his decision, 
and shall not consider any evidence or material which is not included therein. 
All final decisions regarding the issuance of a certificate of need shall be made 
by the State Health Officer. The State Health Officer shall make his written 
findings and issue his order after reviewing said record. The findings and 
decision of the State Health Officer shall not be deferred to any later date, and 
any deferral shall result in an automatic order of disapproval. 

118 



Hospital & Health Care Comms. § 41-7-197 

(3) If review by the State Department of Health concerning the issuance 
of a certificate of need is not complete within the time specified by rule or 
regulation, which shall not, to the extent practicable, exceed ninety (90) days, 
the certificate of need shall not be granted. The proponent of the proposal may, 
within thirty (30) days, after the expiration of the specified time for review, 
commence such legal action as is necessary, in the Chancery Court of the First 
Judicial District of Hinds County or in the chancery court of the county in 
which the new institutional health service is proposed to be provided, to compel 
the State Health Officer to issue written findings and written order approving 
or disapproving the proposal in question. 

SOURCES: Laws, 1979, ch. 451, § 14; Laws, 1980, ch. 493, § 8; Laws, 1982, ch. 
482, § 5; Laws, 1983, ch. 484, § 7; Laws, 1984, ch. 492, § 2; Laws, 1985, ch. 
534, § 10; Laws, 1986, ch. 437, § 43; Laws, 1988, ch. 421, § 2; Laws, 1993, ch. 
467, § 2, eff from and after passage (approved March 29, 1993). 

Editor's Note — Laws of 1982, ch. 482, § 8, as amended by Laws of 1983, ch. 484, 
§ 10, as amended by Laws of 1986, ch. 437, § 49, as amended by Laws of 1986, ch. 500, 
§ 32, provides as follows: 

"SECTION 8. In the event Part 123 of Title 42 of the Code of Federal Regulations 
(CFR) which pertains to the United States Public Service Act is amended so as to permit 
states to impose fees or assess costs to those denned persons, permitted to and 
requesting hearings during the course of a review as provided for in Section 41-7-197(1), 
the commission, or its successor, may, by its rulemaking authority, impose or assess 
such fees and/or costs as determined to be reasonable by the Secretary upon such 
persons requesting the herein stated hearings, payable to the commission, or its 
successor, prior to any such hearing. Such charges, fees and/or costs must be applicable 
to all persons requesting these hearings and uniform in all cases." 

Cross References — Conduct of hearings other than those provided for in this 
section by the State Department of Health in carrying out its functions under the 
Health Care Certificate of Need Law of 1979, see § 41-7-185. 

Waiver of provisions of this section for purposes of certificate of need for construction 
of the John C. Stennis Memorial Hospital, see § 41-7-191. 

Federal Aspects — Provisions of the United States Public [Health] Service Act, see 
42 USCS §§ 201 et seq. 

JUDICIAL DECISIONS 

1. In general. tificate of need with the information that 

2. Due process. had already been received. Open MRI, 

LLC v. Miss. State Dep't of Health, 939 So. 

1. In general. 2d 813 (Miss. Ct. App. 2006). 

Mississippi State Department of Health The Mississippi State Health Depart- 
properly allowed an applicant to submit men t's use of market share analysis to 
additional information for a certificate of determine a healthcare provider's popula- 
need since it extended the application to tion base in reviewing an application for a 
the next review period, and the objectors' certificate of need to establish a cardiac 
right to a public hearing under Miss. Code catheterization service was not arbitrary 
Ann. § 41-7-197(2) was satisfied; even if or capricious; the market share analysis is 
the Department did not extend the period merely statistical method used to evalu- 
after subsequent information was given, ate the need for a particular service, and it 
this was not important since an applicant enables the Mississippi State Department 
established the requirements for the cer- of Health to determine what portion of the 

119 



§ 41-7-199 Public Health 

service area's population the applicant is 2. Due process. 

likely to serve. Mississippi State Dep't of In a case involving a certificate of need, 

Health v. Golden Triangle Regional Medi- procedural due process rights were not 

cal Ctr., 603 So. 2d 854 (Miss. 1992). violated where all of the steps under Miss. 

The Mississippi State Health Depart- Code Ann. § 41-7-197 were followed; no 

ment's use of market share analysis to parties to the proceeding, no health care 

determine population base in reviewing facilities in the same health care service 

certificate of need applications is not arbi- area> an( j no others originally noticed, 

trary or capricious. HTI Health Servs., appeared to request a new hearing. The 

Inc. v. Mississippi State Dep't of Health, issue of import to satisfy the requirements 

603 So. 2d 848 (Miss 1992). of the Mississippi State Health Plan was 

Section 41-7-197(1) does not mandate not the specific route> but rather the num . 

actual written notice to affected persons ber of procedureS) and notice of a new 

only that the Department of Health rQute was ^ ven Misg gtate D > t of 

should adopt procedures for such notice. Health y B ^ Mem H ospital-DeSoto, 

City of Durant v Humphreys County ^ gg4 g 2d 96? (Mi 2008) 
Mem. Hosp. /Extended Care Facility, 587 
So. 2d 244 (Miss. 1991). 

ATTORNEY GENERAL OPINIONS 

The duties of the State Health Officer in cuse himself from those duties or to dele- 
making decisions regarding certificates of gate them to some other person. Amy, Feb. 
need are mandatory. No provision can be 13, 2004, A.G. Op. 03-0638. 
found for the State Health Officer to re- 

§ 41-7-199. Repealed. 

Repealed by Laws, 1983, ch. 484, § 11, eff from and after April 9, 1983. 
[Laws, 1979, ch. 451, § 15; Laws, 1980, ch. 493, § 9; Laws, 1982, ch. 482, 
§ 6] 

Editor's Note — Former § 41-7-199 provided for administrative appeal of any 
written order concerning issuance of certificate of need. 

§ 41-7-201. Appeal of final order pertaining to certificate of 
need; home health agencies; other health-care facilities. 

(1) The provisions of this subsection (1) shall apply to any party appealing 
any final order of the State Department of Health pertaining to a certificate of 
need for a home health agency, as defined in Section 41-7-173(h)(ix): 

(a) In addition to other remedies now available at law or in equity, any 
party aggrieved by any such final order of the State Department of Health 
shall have the right of appeal to the Chancery Court of the First Judicial 
District of Hinds County, Mississippi, which appeal must be filed within 
thirty (30) days after the date of the final order. Provided, however, that any 
appeal of an order disapproving an application for such a certificate of need 
may be made to the chancery court of the county where the proposed 
construction, expansion or alteration was to be located or the new service or 
purpose of the capital expenditure was to be located. Such appeal must be 
filed in accordance with the thirty (30) days for filing as heretofore provided. 

120 



Hospital & Health Care Comms. § 41-7-201 

Any appeal shall state briefly the nature of the proceedings before the State 
Department of Health and shall specify the order complained of. Any person 
whose rights may be materially affected by the action of the State Depart- 
ment of Health may appear and become a party or the court may, upon 
motion, order that any such person, organization or entity be joined as a 
necessary party. 

(b) Upon the filing of such an appeal, the clerk of the chancery court 
shall serve notice thereof upon the State Department of Health, whereupon 
the State Department of Health shall, within fifty (50) days or within such 
additional time as the court may by order for cause allow from the service of 
such notice, certify to the chancery court the record in the case, which 
records shall include a transcript of all testimony, together with all exhibits 
or copies thereof, all pleadings, proceedings, orders, findings and opinions 
entered in the case; provided, however, that the parties and the State 
Department of Health may stipulate that a specified portion only of the 
record shall be certified to the court as the record on appeal. 

(c) No new or additional evidence shall be introduced in the chancery 
court but the case shall be determined upon the record certified to the court. 

(d) The court may dispose of the appeal in termtime or vacation and 
may sustain or dismiss the appeal, modify or vacate the order complained of 
in whole or in part as the case may be; but in case the order is wholly or 
partly vacated, the court may also, in its discretion, remand the matter to 
the State Department of Health for such further proceedings, not inconsis- 
tent with the court's order, as, in the opinion of the court, justice may 
require. The order shall not be vacated or set aside, either in whole or in 
part, except for errors of law, unless the court finds that the order of the 
State Department of Health is not supported by substantial evidence, is 
contrary to the manifest weight of the evidence, is in excess of the statutory 
authority or jurisdiction of the State Department of Health, or violates any 
vested constitutional rights of any party involved in the appeal. Provided, 
however, an order of the chancery court reversing the denial of a certificate 
of need by the State Department of Health shall not entitle the applicant to 
effectuate the certificate of need until either: 

(i) Such order of the chancery court has become final and has not been 
appealed to the Supreme Court; or 

(ii) The Supreme Court has entered a final order affirming the 
chancery court. 

(e) Appeals in accordance with law may be had to the Supreme Court of 
the State of Mississippi from any final judgment of the chancery court. 

(2) The provisions of this subsection (2) shall apply to any party appealing 
any final order of the State Department of Health pertaining to a certificate of 
need for any health-care facility as defined in Section 41-7- 173(h), with the 
exception of any home health agency as defined in Section 41-7-173(h)(ix): 

(a) There shall be a "stay of proceedings" of any final order issued by the 
State Department of Health pertaining to the issuance of a certificate of need 
for the establishment, construction, expansion or replacement of a health- 

121 



§ 41-7-201 Public Health 

care facility for a period of thirty (30) days from the date of the order, if an 
existing provider located in the same service area where the health-care 
facility is or will be located has requested a hearing during the course of 
review in opposition to the issuance of the certificate of need. The stay of 
proceedings shall expire at the termination of thirty (30) days; however, no 
construction, renovation or other capital expenditure that is the subject of 
the order shall be undertaken, no license to operate any facility that is the 
subject of the order shall be issued by the licensing agency, and no 
certification to participate in the Title XVIII or Title XIX programs of the 
Social Security Act shall be granted, until all statutory appeals have been 
exhausted or the time for such appeals has expired. Notwithstanding the 
foregoing, the filing of an appeal from a final order of the State Department 
of Health or the chancery court for the issuance of a certificate of need shall 
not prevent the purchase of medical equipment or development or offering of 
institutional health services granted in a certificate of need issued by the 
State Department of Health. 

(b) In addition to other remedies now available at law or in equity, any 
party aggrieved by any such final order of the State Department of Health 
shall have the right of appeal to the Chancery Court of the First Judicial 
District of Hinds County, Mississippi, which appeal must be filed within 
twenty (20) days after the date of the final order. Provided, however, that any 
appeal of an order disapproving an application for such a certificate of need 
may be made to the chancery court of the county where the proposed 
construction, expansion or alteration was to be located or the new service or 
purpose of the capital expenditure was to be located. Such appeal must be 
filed in accordance with the twenty (20) days for filing as heretofore 
provided. Any appeal shall state briefly the nature of the proceedings before 
the State Department of Health and shall specify the order complained of. 

(c) Upon the filing of such an appeal, the clerk of the chancery court 
shall serve notice thereof upon the State Department of Health, whereupon 
the State Department of Health shall, within thirty (30) days of the date of 
the filing of the appeal, certify to the chancery court the record in the case, 
which records shall include a transcript of all testimony, together with all 
exhibits or copies thereof, all pleadings, proceedings, orders, findings and 
opinions entered in the case; provided, however, that the parties and the 
State Department of Health may stipulate that a specified portion only of the 
record shall be certified to the court as the record on appeal. The chancery 
court shall give preference to any such appeal from a final order by the State 
Department of Health in a certificate of need proceeding, and shall render a 
final order regarding such appeal no later than one hundred twenty (120) 
days from the date of the final order by the State Department of Health. If 
the chancery court has not rendered a final order within this 120-day period, 
then the final order of the State Department of Health shall be deemed to 
have been affirmed by the chancery court, and any party to the appeal shall 
have the right to appeal from the chancery court to the Supreme Court on 
the record certified by the State Department of Health as otherwise provided 

122 



Hospital & Health Care Comms. § 41-7-201 

in paragraph (g) of this subsection. In the event the chancery court has not 
rendered a final order within the 120-day period and an appeal is made to 
the Supreme Court as provided herein, the Supreme Court shall remand the 
case to the chancery court to make an award of costs, fees, reasonable 
expenses and attorney's fees incurred in favor of appellee payable by the 
appellant(s) should the Supreme Court affirm the order of the State 
Department of Health. 

(d) Any appeal of a final order by the State Department of Health in a 
certificate of need proceeding shall require the giving of a bond by the 
appellant(s) sufficient to secure the appellee against the loss of costs, fees, 
expenses and attorney's fees incurred in defense of the appeal, approved by 
the chancery court within five (5) days of the date of filing the appeal. 

(e) No new or additional evidence shall be introduced in the chancery 
court but the case shall be determined upon the record certified to the court. 

(f) The court may dispose of the appeal in term time or vacation and may 
sustain or dismiss the appeal, modify or vacate the order complained of in 
whole or in part and may make an award of costs, fees, expenses and 
attorney's fees, as the case may be; but in case the order is wholly or partly 
vacated, the court may also, in its discretion, remand the matter to the State 
Department of Health for such further proceedings, not inconsistent with 
the court's order, as, in the opinion of the court, justice may require. The 
court, as part of the final order, shall make an award of costs, fees, 
reasonable expenses and attorney's fees incurred in favor of appellee payable 
by the appellants ) should the court affirm the order of the State Department 
of Health. The order shall not be vacated or set aside, either in whole or in 
part, except for errors of law, unless the court finds that the order of the 
State Department of Health is not supported by substantial evidence, is 
contrary to the manifest weight of the evidence, is in excess of the statutory 
authority or jurisdiction of the State Department of Health, or violates any 
vested constitutional rights of any party involved in the appeal. Provided, 
however, an order of the chancery court reversing the denial of a certificate 
of need by the State Department of Health shall not entitle the applicant to 
effectuate the certificate of need until either: 

(i) Such order of the chancery court has become final and has not been 
appealed to the Supreme Court; or 

(ii) The Supreme Court has entered a final order affirming the 
chancery court. 

(g) Appeals in accordance with law may be had to the Supreme Court of 
the State of Mississippi from any final judgment of the chancery court. 

(h) Within thirty (30) days from the date of a final order by the Supreme 
Court or a final order of the chancery court not appealed to the Supreme 
Court that modifies or wholly or partly vacates the final order of the State 
Department of Health granting a certificate of need, the State Department 
of Health shall issue another order in conformity with the final order of the 
Supreme Court, or the final order of the chancery court not appealed to the 
Supreme Court. 

123 



§ 41-7-201 



Public Health 



SOURCES: Laws, 1979, ch. 451, § 16; Laws, 1983, ch. 484, § 8; Laws, 1985, ch. 
534, § 11; Laws, 1986, ch. 437, § 44; Laws, 1992, ch. 512 § 1; Laws, 1999, ch. 
583, § 3, eff from and after June 30, 1999. 

Editor's Note — Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, 
amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have 
repealed this section as of July 1, 1986. 

Cross References — Applicability of this section to notices of appeals from decisions 
relative to the licensing of birthing centers, see § 41-77-21. 

Federal Aspects — Title XVIII and Title XIX programs of the Social Security Act, 
see 42 USCS §§ 1395 et seq. and 1396 et seq. 

JUDICIAL DECISIONS 



1. In general. 

2. Substantial evidence. 

1. In general. 

Granting to the medical center a certif- 
icate of need application to relocate was 
proper because the medical center demon- 
strated the deficiencies in its current loca- 
tion and its reasons for needing a new 
facility, and also provided evidence of its 
long-term plans and the recommenda- 
tions of firms regarding the appropriate- 
ness of the relocation; the Mississippi 
State Department of Health's decision 
that the current location has exceeded its 
useful life was not against the manifest 
weight of the evidence, nor was its deci- 
sion arbitrary or capricious. St. Dominic- 
Jackson Mem'l Hosp. v. Miss. State Dep't 
of Health, 954 So. 2d 505 (Miss. Ct. App. 
2007). 

Substantial evidence did not exist to 
support a State Health Department's is- 
suance of a certificate of need (CON), and 
the chancellor correctly revoked the CON 
because a hospital system's proposal was 
actually a proposal to add beds, and a 
different criterion under Miss. Code Ann. 
§ 41-7-191 should have been applied; the 
hospital system admitted that it could not 
meet the correct criterion. Singing River 
Hosp. Sys. v. Biloxi Reg'l Med. Ctr., 928 
So. 2d 810 (Miss. 2006). 

Decision by the Mississippi State De- 
partment of Health to partially grant a 
certificate of need in an amended reloca- 
tion application was reversed under Miss. 
Code Ann. § 41-7-201(2)(f) because the 
appropriate standard of need was not met 
for a new hospital; the application was not 
really for a relocation. St. Dominic-Madi- 



son County Med. Ctr. v. Madison County 
Med. Ctr., — So. 2d — , 2005 Miss. LEXIS 
560 (Miss. Sept. 8, 2005). 

Court erred in reversing the Mississippi 
State Department of Health's approval of 
a corporation's application for a certificate 
of need for the establishment of a long- 
term acute care hospital because the cor- 
poration's calculation of average length of 
stay was supported by substantial evi- 
dence under Miss. Code Ann. § 41-7- 
201(2)(f) and was not arbitrary or capri- 
cious. Miss. State Dep't of Health v. Rush 
Care, Inc., 882 So. 2d 205 (Miss. 2004). 

Certificate of need to establish cardiac 
catheterization and open-heart surgery 
services properly granted to hospital 
where the health department considered 
both the impact on existing providers and 
the need for these services to the area; the 
methodology used to derive market share 
was not so flawed as to render the decision 
arbitrary or capricious. Delta Reg'l Med. 
Ctr., v. State Dept. of Health, 759 So. 2d 
1174 (Miss. 1999). 

Supreme Court will not reverse final 
order of Mississippi State Department of 
Health unless agency's decision was arbi- 
trary or capricious. Cain v. Mississippi 
State Dep't of Health, 666 So. 2d 506 
(Miss. 1995). 

The Mississippi State Health Depart- 
ment's use of market share analysis to 
determine a healthcare provider's popula- 
tion base in reviewing an application for a 
certificate of need to establish a cardiac 
catheterization service was not arbitrary 
or capricious; the market share analysis is 
merely statistical method used to evalu- 
ate the need for a particular service, and it 
enables the Mississippi State Department 



124 



Hospital & Health Care Comms. 



§ 41-7-202 



of Health to determine what portion of the 
service area's population the applicant is 
likely to serve. Mississippi State Dep't of 
Health v. Golden Triangle Regional Medi- 
cal Ctr., 603 So. 2d 854 (Miss. 1992). 

The Mississippi State Health Depart- 
ment's use of market share analysis to 
determine population base in reviewing 
certificate of need applications is not arbi- 
trary or capricious. HTI Health Servs., 
Inc. v. Mississippi State Dep't of Health, 
603 So. 2d 848 (Miss. 1992). 

2. Substantial evidence. 

Mississippi State Department of Health 
(MSDH) did not err in granting a certifi- 
cate of need (CON) to a company for the 
provision of mobile magnetic resonance 
imaging (MRI) services because, even 
though a customer terminated its service 
agreement with the MRI company while 
the CON application was pending, sub- 
stantial evidence supported the MSDH's 
determination that the MRI company 
would still be able to perform enough 
procedures for its remaining customers to 
meet the annual requirements of the state 
health plan. Miss. State Dep't of Health v. 
Baptist Mem. Hospital-DeSoto, Inc., 984 
So. 2d 967 (Miss. 2008). 

The granting by the Mississippi State 
Department of Health of a certificate of 
need to establish a forty-bed, long-term, 
acute-care hospital (LTACH) was upheld 
because under Miss. Code Ann. § 41-7- 
201(2)(f), substantial evidence supported 
the finding that the applicant met the 
twin requirements of 450 LTACH admis- 
sions with an average length of stay of 25 
days. Greenwood Leflore Hosp. v. Miss. 
State Dep't of Health, 980 So. 2d 931 
(Miss. 2008). 

Mississippi State Department of Health 
did not err when it granted a certificate of 
need to provide magnetic resonance ser- 
vices to an applicant where the evidence 



showed that the projected unit would have 
provided for a minimum number of proce- 
dures per year based on information in a 
state health plan, pursuant to Miss. Code 
Ann. § 41-7-193(1); moreover, there was 
substantial evidence to show that a full 
range of services was available, and the 
Department did not base its decision on 
faulty financial projections. Open MRI, 
LLC v. Miss. State Dep't of Health, 939 So. 
2d 813 (Miss. Ct. App. 2006). 

There was substantial evidence to sup- 
port the department of health's decision to 
grant a hospital a certificate of need 
(CON) to allow the addition of 81 new 
acute care beds, because, inter alia, the 
department staff had weighed and consid- 
ered all the factors under the Mississippi 
State Health Plan and the Mississippi 
Certificate of Need Review Manual gen- 
eral criteria, and the hospital adequately 
documented the need for the proposed 
project, based on growth and utilization of 
facilities and services and an occupancy 
rate in excess of 70 percent for the most 
recent two years. St. Dominic-Jackson 
Mem'l Hosp. v. Miss. State Dep't of 
Health, 910 So. 2d 1077 (Miss. 2005). 

There was substantial evidence to sup- 
port the department of health's decision to 
grant a hospital a certificate of need 
(CON) to allow an expansion, because, 
inter alia, the department staff found that 
the project was in substantial compliance 
for the expansion and renovation con- 
tained in the Mississippi State Health 
Plan and the Mississippi Certificate of 
Need Review Manual, and the need re- 
quirement was upheld because of the 
rapid growth in the types of services of- 
fered at the facility, the increased number 
of physicians on the hospital's medical 
staff, and the increase in the demand for 
ancillary services. St. Dominic- Jackson 
Mem'l Hosp. v. Miss. State Dep't of 
Health, 910 So. 2d 1077 (Miss. 2005). 



§ 41-7-202. Stay of commission proceedings pending appeal. 

There shall be a "stay of proceedings" of any written decision of the State 
Department of Health pertaining to a certificate of need for a home health 
agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days 
from the date of that decision. The stay of proceedings shall expire at the 
termination of thirty (30) days; however, no license to operate any such home 



125 



§ 41-7-203 Public Health 

health agency that is the subject of the decision shall be issued by the licensing 
agency, and no certification for such home health agency to participate in the 
Title XVIII or Title XIX programs of the Social Security Act shall be granted 
until all statutory appeals have been exhausted or the time for such appeals 
has expired. The stay of proceedings provided for in this section shall not apply 
to any party appealing any final order of the State Department of Health 
pertaining to a certificate of need for any health-care facility as defined in 
Section 41-7-173(h), with the exception of any home health agency as defined 
in Section 41-7-173(h)(ix). 

SOURCES: Laws, 1983, ch. 484, § 9; Laws, 1985, ch. 534, § 12; Laws, 1986, ch. 
437, § 45; Laws, 1992, ch. 512, § 2, eff from and after passage (approved 
May 14, 1992). 

Editor's Note — Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, 
amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have 
repealed this section as of July 1, 1986. 

Federal Aspects — Provisions of Title XVIII of the Social Security Act, see 42 USCS 
§§ 1395 et seq. 

Provisions of Title XIX of the Social Security Act, see 42 USCS §§ 1396 et seq. 

§ 41-7-203. Repealed. 

Repealed by Laws, 1983, ch. 484, § 11, eff from and after April 9, 1983. 
[Laws, 1979, ch. 451, § 17] 

Editor's Note — Former § 41-7-203 created the position of administrative appeal 
judge, and provided for the appointment to fill the position. 

§ 41-7-205. Nonsubstantive projects; exemption from formal 
review. 

The State Department of Health shall provide an expedited review for 
those projects which it determines to warrant such action. All requests for such 
an expedited review by the applicant must be made in writing to the State 
Department of Health. The State Department of Health shall make a deter- 
mination as to whether expedited review is appropriate within fifteen (15) days 
after receipt of a written request. The State Department of Health shall render 
its decision concerning the issuance of a certificate of need within ninety (90) 
days after the receipt of a completed application. A project is subject to 
expedited review only if it meets one (1) of the following criteria: 

(a) A transfer or change of ownership of a health-care facility wherein 
the facility continues to operate under the same category of license or permit 
as it possessed prior to the date of the proposed change of ownership and 
none of the other activities described in Section 41-7-191(1) take place in 
conjunction with such transfer; 

(b) Replacement of equipment with used equipment of similar capabil- 
ity if the equipment is included in the facility's annual capital expenditure 
budget or plan; 

126 



Hospital & Health Care Comms. § 41-7-209 

(c) A request for project cost overruns that exceed the rate of inflation as 
determined by the State Department of Health; 

(d) A request for relocation of services or facilities if the relocation of 
such services or facilities (i) involves a capital expenditure by or on behalf of 
a health-care facility, or (ii) is more than one thousand three hundred twenty 
(1,320) feet from the main entrance of the health-care facility or the facility 
where the service is located; 

(e) A request for a certificate of need to comply with duly recognized fire, 
building, or life safety codes, or to comply with state licensure standards or 
accreditation standards required for reimbursements. 

SOURCES: Laws, 1979, ch. 451, § 11; Laws, 1980, ch. 493, § 10; Laws, 1982, ch. 
482, § 7; Laws, 1985, ch. 534, § 13; Laws, 1986, ch. 338; Laws, 1986, ch. 437, 
§ 46; Laws, 1987, ch. 515, § 7; Laws, 1999, ch. 583, § 5, eff from and after 
June 30, 1999. 

§ 41-7-207. Emergency replacement of facilities; expedited 
review. 

Notwithstanding any other provisions of Sections 41-7-171 through 41-7- 
209, when the need for any emergency replacement occurs, the certificate of 
need review process may be expedited by promulgation of administrative 
procedures for expenditures necessary to alleviate an emergency condition. 
Emergency replacement means the replacement of partial facilities or equip- 
ment the replacement of which is not exempt from certificate of need review 
pursuant to the medical equipment replacement exemption provided in Sec- 
tion 41-7-191(1) (f), without which the operation of the facility and the health 
and safety of patients would be immediately jeopardized. Expenditures under 
this section shall be limited to the replacement of those necessary facilities or 
equipment, the loss of which constitutes an emergency. 

SOURCES: Laws, 1979, ch. 451, § 19; Laws, 1999, ch. 583, § 6, eff from and after 
June 30, 1999. 

§ 41-7-209. Violations. 

(1) Any person or entity violating the provisions of Sections 41-7-171 
through 41-7-209, or regulations promulgated thereunder, by not obtaining a 
certificate of need, by deviating from the provisions of a certificate of need, or 
by refusing or failing to cooperate with the State Department of Health in its 
exercise or execution of its functions, responsibilities and powers shall be 
subject to the following: 

(a) Revocation of the license of a health-care facility or a designated 
section, component or bed service thereof, or revocation of the license of any 
other person for which the State Department of Health is the licensing agency. 
If the State Department of Health lacks jurisdiction to revoke the license of 
such person, the State Health Officer shall recommend and show cause to the 
appropriate licensing agency that such license should be revoked. 

127 



§ 41-7-301 Public Health 

(b) Nonlicensure by the State Department of Health of a specific or 
designated bed service offered by the entity or person; 

(c) Nonlicensure by the State Department of Health where infractions 
occur concerning the acquisition or control of major medical equipment; 

(d) Revoking, rescinding or withdrawing a certificate of need previously 
issued. 

(2) Violations of Sections 41-7-171 through 41-7-209, or any rules or 
regulations promulgated in furtherance thereof by intent, fraud, deceit, 
unlawful design, willful and/or deliberate misrepresentation, or by careless, 
negligent or incautious disregard for such statutes or rules and regulations, 
either by persons acting individually or in concert with others, shall constitute 
a misdemeanor and shall be punishable by a fine not to exceed One Thousand 
Dollars ($1,000.00) for each such offense. Each day of continuing violation shall 
be considered a separate offense. The venue for prosecution of any such 
violation shall be in any county of the state wherein any such violation, or 
portion thereof, occurred. 

(3) The Attorney General, upon certification by the State Health Officer, 
shall seek injunctive relief in a court of proper jurisdiction to prevent violations 
of Sections 41-7-171 through 41-7-209 or any rules or regulations promulgated 
in furtherance of Sections 41-7-171 through 41-7-209 in cases where other 
administrative penalties and legal sanctions imposed have failed to prevent or 
cause a discontinuance of any such violation. 

(4) Major third party payers, public or private, shall be notified of any 
violation or infraction under this section and shall be requested to take such 
appropriate punitive action as is provided by law. 

SOURCES: Laws, 1979, ch. 451, § 18; Laws, 1980, ch. 493, § 11; Laws, 1981, ch. 
484, § 15; Laws, 1986, ch. 437, § 47, eff from and after July 1, 1986. 

Cross References — Applicability of this section to violations of provisions relative 
to the licensing of birthing centers, see § 41-77-23. 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 

STATEWIDE HEALTH COORDINATING COUNCIL 
[REPEALED] 

Sec. 

41-7-301. Repealed. 

41-7-302. Repealed. 

41-7-303. Repealed. 

41-7-304. Repealed. 

41-7-305. Repealed. 

§ 41-7-301. Repealed. 

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986. 
[Laws, 1981, ch. 407, § 1; Laws, 1982, ch. 315, § 1; Laws, 1984, ch. 368, 
§ 1; reenacted, Laws, 1986, ch. 339, § 1] 

128 



Hospital & Health Care Comms. § 41-7-305 

Editor's Note — Former § 41-7-301 created the statewide health coordinating 
council. 

§ 41-7-302. Repealed. 

Repealed by Laws, 1987, ch. 515, § 8(7) eff from and after July 1, 1988. 
[Laws, 1986, ch. 437, § 52; Laws, 1987, ch. 515, § 8] 

Editor's Note — Former Section 41-7-302 related to the establishment of a 
statewide health coordinating council. 

§ 41-7-303. Repealed. 

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986. 
[Laws, 1981, ch. 407, § 2; Laws, 1982, § 315, § 2; Laws, 1984, ch. 368, 
§ 2; reenacted, Laws, 1986, ch. 339, § 2] 

Editor's Note — Former Section 41-7-303 specified the duties and functions of the 
statewide health coordinating council. 

§ 41-7-304. Repealed. 

Repealed by Laws, 1987, ch. 515, § 9(3), eff from and after July 1, 1988. 
[Laws, 1986, ch. 437, § 53; Laws, 1987, ch. 515, § 9] 

Editor's Note — Former Section 41-7-304 related to the duties and functions of the 
statewide health coordinating council. 

§ 41-7-305. Repealed. 

Repealed by Laws, 1981, ch. 407, § 5, eff from and after December 31, 
1988. 

[Laws, 1981, ch. 407, § 3; Laws, 1982, ch. 315, § 3; reenacted, Laws, 1984, 
ch. 368, § 3; reenacted, Laws, 1986, ch. 339, § 3] 

Editor's Note — Former § 41-7-305 prohibited members of the commission from 
voting on matters in which they had an interest, and required disclosure of such 
interests. 

Laws of 1981, ch. 407, § 5, provided for the repeal of this section effective from and 
after October 1, 1982. Laws of 1982, ch. 315, § 4, extended the repeal date until 
December 31, 1984. Subsequently, Laws of 1984, ch. 368, § 4, further extended the 
repeal date until December 31, 1986. Finally, Laws of 1986, ch. 339, § 4, further 
extended the repeal date until December 31, 1988. 

HEALTH MAINTENANCE ORGANIZATIONS 
[REPEALED] 

Sec. 

41-7-401. Repealed. 

129 



§ 41-7-401 Public Health 

§ 41-7-401. Repealed. 

Repealed by Laws, 1995, ch. 613, § 35, eff from and after July 1, 1995. 
[Laws, 1986, ch. 483; Laws, 1988, ch. 555; Laws, 1994, ch. 422, § 6] 

Editor's Note — Former § 41-7-401 related to issuance of certificates of authority 
for health maintenance organizations. For current provisions relating to health 
maintenance organizations, see §§ 83-41-301 et seq. 



130 



CHAPTER 9 
Regulation of Hospitals; Hospital Records 

Regulation of Hospitals 41-9-1 

Reimbursement for Trauma Care Service 41-9-51 

Hospital Records — Preparation, Preservation and Destruction 41-9-61 

Hospital Records — Use in Trials and Administrative Hearings 41-9-101 

Rural Hospital Flexibility Act 41-9-201 

Rural Health Availability Act 41-9-301 

REGULATION OF HOSPITALS 

Sec. 

41-9-1. Declaration of purpose. 

41-9-3. Definitions. 

41-9-5. Repealed. 

41-9-7. License. 

41-9-9. Application for license. 

41-9-11. Issuance and renewal of license. 

41-9-13. Issuance of temporary licenses. 

41-9-15. Denial or revocation of license; notice, hearings and review. 

41-9-17. Rules, regulations and standards. 

41-9-19. Effective date of rules, regulations or standards. 

41-9-21. Inspections and consultations. 

41-9-23. Information confidential. 

41-9-25 and 41-9-27. Repealed. 

41-9-29. Annual report of licensing agency. 

41-9-31. Judicial review. 

41-9-33. Penalties. 

41-9-35. Injunction. 

41-9-37. Paid educational leave for hospital employees. 

§ 41-9-1. Declaration of purpose. 

The purpose of Sections 41-9-1 through 41-9-35 is to protect and promote 
the public health by providing for the development, establishment and 
enforcement of certain standards in the construction, maintenance and oper- 
ation of hospitals which will insure safe, sanitary and reasonably adequate 
care and treatment of individuals in hospitals. The legislature hereby finds 
that the protection and promotion of the public health requires the measures 
provided for in said sections. 

SOURCES: Codes, 1942, § 7146.5-02; Laws, 1948, ch. 398, § 2. 

Cross References — Operation and maintenance of ambulance service, see §§ 41- 
55-1 et seq. 

Air ambulance service districts, see §§ 41-55-31 et seq. 

Evaluation and review of professional health services providers, see §§ 41-63-1 et 
seq. 

Operation of unit of hospital as birthing center under license issued to hospital, see 
§ 41-77-1. 

131 



§ 41-9-3 Public Health 

Required reporting of abuse or exploitation of patients and residents of hospitals, see 
§ 43-47-37. 

Disciplinary action by hospital with respect to physician's hospital privileges, see 
§ 73-25-93. 

JUDICIAL DECISIONS 

1. In general. complied with the procedural due process 

The scope of judicial review of a decision requirements prescribed by its own by- 

by a private hospital, which was licensed laws. In § 73-25-93, the legislature recog- 

pursuant to § 41-9-1 to terminate a phy- nized the authority of a licensed hospital 

sician's staff privileges, was limited to a to control and regulate its staff privileges, 

determination of whether the procedures The statute delineates no distinction be- 

followed by the hospital violated its own tween private or public hospitals in that it 

bylaw provisions for due process. Section refers to any licensed hospital. Wong v. 

73-25-93 limits judicial surveillance of Garden Park Community Hosp., 565 So. 

hospital disciplinary proceedings to the 2d 550 (Miss. 1990). 
narrow inquiry of whether the hospital 

RESEARCH REFERENCES 

ALR. Validity and construction of stat- Practice References. Health Care Ad- 

ute requiring establishment of "need" as ministration Library (CD-ROM) 

precondition to operation of hospital or (LexisNexis). 

other facilities for the care of sick people. Health Care Law Sourcebook: A Com- 

61 A.L.R.3d 278. pendium of Federal Laws, Regulations 

Am Jur. 40A Am. Jur. 2d, Hospitals and an d Documents Relating to Health Care 

Asylums §§ 3-6. (Matthew Bender). 

CJS. 41 C.J.S., Hospitals § 6. 

§ 41-9-3. Definitions. 

As used in Sections 41-9-1 through 41-9-35: 

(a) "Hospital" means a place devoted primarily to the maintenance and 
operation of facilities for the diagnosis, treatment and care of individuals 
suffering from physical or mental infirmity, illness, disease, injury or 
deformity, or a place devoted primarily to providing obstetrical or other 
medical, surgical or nursing care of individuals, whether or not any such 
place be organized or operated for profit and whether any such place be 
publicly or privately owned. The term "hospital" does not include convales- 
cent or boarding homes, children's homes, homes for the aged or other like 
establishments where room and board only are provided, nor does it include 
offices or clinics where patients are not regularly kept as bed patients. 

(b) "Person" means any individual, firm, partnership, corporation, com- 
pany, association or joint stock association, and the legal successor thereof. 

(c) "Governmental unit" means the state, or any county, municipality or 
other political subdivision or any department, division, board or other 
agency of any of the foregoing, excluding all federal establishments. 

(d) "Licensing agency" means the State Department of Health. 



132 



Regulation of Hospitals; Records § 41-9-7 

SOURCES: Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 
451, § 22; Laws, 1986, ch. 437, § 14, eff from and after July 1, 1986. 

Cross References — Incorporation of this section's definition of "hospital" into 
provisions relative to exemptions from sales tax, see § 27-65-111. 

State Board of Mental Health powers and duties, see § 41-4-7. 

Mississippi Health Care Commission Law of 1979, see §§ 41-7-171 et seq. 

Preparation, preservation and disposition of hospital records, see §§ 41-9-61 et seq. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by entity or person other than 
hospital or hospital holding company, see § 41-75-1. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

Hospital as defined in this section as "care facility" for purposes of Vulnerable Adults 
Act, see § 43-47-5. 

Applicability of this section to the disclosure of any and all information board of 
medical licensure has concerning physician to hospitals, see § 73-25-28. 

ATTORNEY GENERAL OPINIONS 

Inasmuch as county health depart- partments are not hospitals, records in 

ments do not provide care to bed patients, the possession of county health depart- 

it appears that county health depart- ments are not hospital records. Thomp- 

ments are not "hospitals" as defined in son, October 18, 1995, A.G. Op. #95-0674. 
Section 41-9-3. Since county health de- 

RESEARCH REFERENCES 

Am Jur. 40AAm. Jur. 2d, Hospitals and CJS. 41 C.J.S., Hospitals § 6. 
Asylums §§ 3-6. 

§ 41-9-5. Repealed. 

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986. 
[Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, 
§ 23; Laws, 1985, ch. 534, § 14; Laws, 1986, ch. 437, § 51] 

Editor's Note — Former § 41-9-5 authorized the health care commission to delegate 
its functions. 

§ 41-9-7. License. 

No person or governmental unit, acting severally or jointly with any other 
person or governmental unit shall establish, conduct, or maintain a hospital in 
this state without a license as provided for in Section 41-9-11. No license so 
granted shall permit, approve or allow child placement activities by any person 
or governmental unit licensed hereunder. 

SOURCES: Codes, 1942, § 7146.5-03; Laws, 1948, ch. 398, § 3. 

133 



§ 41-9-9 Public Health 

Cross References — Temporary licenses, see § 41-9-13. 

Penalty for operation without license, see § 41-9-33. 

Injunction against operation without license, see § 41-9-35. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by entity or person other than 
hospital or hospital holding company, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

RESEARCH REFERENCES 

Am Jur. 40AAm. Jur. 2d, Hospitals and CJS. 41 C.J.S., Hospitals § 6. 
Asylums §§ 3-6. 

§ 41-9-9. Application for license. 

(1) An application for a license shall be made to the licensing agency upon 
forms provided by it and shall contain such information as the licensing agency 
reasonably requires, which may include affirmative evidence of ability to 
comply with such reasonable standards, rules and regulations as are lawfully 
prescribed under Section 41-9-17. A license, unless suspended or revoked, shall 
be renewable annually upon payment of a renewal fee of Twenty Dollars 
($20.00) for each licensed bed in the hospital which shall be paid to the 
licensing agency, with a minimum fee of Five Hundred Dollars ($500.00) per 
hospital and a maximum fee of Five Thousand Dollars ($5,000.00), and upon 
filing by the licensee and approval by the licensing agency of an annual report 
upon such uniform dates and containing such information in such form as the 
licensing agency prescribes by rule or regulation. Each license shall be issued 
only for the premises and person or persons or other legal entity or entities 
named in the application and shall not be transferable or assignable except 
with the written approval of the licensing agency. Licenses shall be posted in 
a conspicuous place on the licensed premises. 

(2) The appropriate licensure fee, according to the schedule herein, shall 
be paid to the licensing agency and may be paid by check, draft or money order. 
A license shall not be issued to any hospital until such fee is received by the 
licensing agency. 

(3) A fee known as a "User Fee" shall be applicable and shall be paid to the 
licensing agency as set out in subsection (2) of this section. This user fee shall 
be assessed for the purpose of the required reviewing and inspections of the 
proposal of any hospital in which there are additions, renovations, moderniza- 
tions, expansion, alterations, conversions, modifications or replacement of the 
entire facility involved in such proposal. This fee includes the reviewing of 
architectural plans in all steps required. There shall be a minimum user fee of 
Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars 
($5,000.00). 

134 



Regulation of Hospitals; Records § 41-9-11 

SOURCES: Codes, 1942, § 7146.5-04; Laws, 1948, ch. 398, § 4; Laws, 1984, ch. 
315, § 1; Laws, 1986, ch. 500, § 23; Laws, 1998, ch. 433, § 1, eff from and after 
July 1, 1998. 

Cross References — Ambulatory surgical facility owned or operated by entity or 
person other than hospital or hospital holding company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

RESEARCH REFERENCES 

Am Jur. 13A Am. Jur. PI & Pr Forms application — for license or permit to 
(Rev), Hospitals, Forms 1, 2 (petition or establish and operate hospital). 

§ 41-9-11. Issuance and renewal of license. 

Upon receipt of an application for license and the license fee, the licensing 
agency shall issue a license if the applicant and hospital facilities meet the 
requirements established under Sections 41-9-1 through 41-9-35, and the re- 
quirements of Section 41-7-173 et seq., where determined by the licensing agency 
to be applicable. A license, unless suspended or revoked, shall be renewable 
annually, upon filing by the licensee, and approval by the licensing agency of an 
annual report upon such uniform dates and containing such information in such 
form as the licensing agency prescribes by regulation and upon paying the annual 
fee for such license as determined by the schedule and provisions of Section 
41-9-9. Each license shall be issued only for the premises and persons or 
governmental units named in the application and shall not be transferable or 
assignable except with the written approval of the licensing agency. Licenses 
shall be posted in a conspicuous place on the licensed premises. 

SOURCES: Codes, 1942, § 7146.5-05; Laws, 1948, ch. 398, § 5; Laws, 1980, ch. 
493, § 13; Laws, 1984, ch. 315, § 2; Laws, 1986, ch. 437, § 15, eff from and 
after July 1, 1986. 

Cross References — Ambulatory surgical facility owned or operated by entity or 
person other than hospital or hospital holding company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

RESEARCH REFERENCES 

Am Jur. 13A Am. Jur. PI & Pr Forms ministrative agency — granting license for 
(Rev), Hospitals, Form 8 (order — by ad- establishment and operation of hospital). 

135 



§ 41-9-13 Public Health 

§ 41-9-13. Issuance of temporary licenses. 

The licensing agency may issue temporary licenses under Sections 41-9-1 
through 41-9-35 which shall be good for not more than six (6) months. 

SOURCES: Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 
451, § 24; Laws, 1986, ch. 437, § 16, eff from and after July 1, 1986. 

Cross References — Mississippi Health Care Commission Law of 1979, see 
§§ 41-7-171 et seq. 

§ 41-9-15. Denial or revocation of license; notice, hearings 
and review. 

The licensing agency, after notice and opportunity for hearing to the 
applicant or licensee, is authorized to deny, suspend or revoke a license in any 
case in which it finds that there has been a substantial failure to comply with 
the requirements established under Section 41-9-1 through 41-9-35. 

Such notice shall be effected by registered mail, or by personal service, 
setting forth the particular reasons for the proposed action and a fixing date 
not less than thirty (30) days from the date of such mailing or service, at which 
the applicant or licensee shall be given an opportunity for a prompt and fair 
hearing. On the basis of any such hearing, or upon default of the applicant or 
licensee, the licensing agency shall make a determination specifying its 
findings of fact and conclusions of law. A copy of such determination shall be 
sent by registered mail or served personally upon the applicant or licensee. The 
decision revoking, suspending or denying the license or application shall 
become final thirty (30) days after it is so mailed or served, unless the applicant 
or licensee, within such thirty-day period, appeals the decision, pursuant to 
Section 41-9-31. 

The procedure governing hearings authorized by this section shall be in 
accordance with rules promulgated by the licensing agency. A full and complete 
record shall be kept of all proceedings, and all testimony shall be reported but 
need not be transcribed unless the decision is appealed pursuant to Section 
41-9-31. Witnesses may be subpoenaed by either party. Compensation shall be 
allowed to witnesses as in cases in the chancery court. Each party shall pay the 
expense of his own witnesses. The cost of the record shall be paid by the 
licensing agency. Any other party desiring a copy of the transcript shall pay 
therefor the reasonable cost of preparing the same. 

SOURCES: Codes, 1942, § 7146.5-06; Laws, 1948, ch. 398, § 6; Laws, 1980, ch. 
493, § 14, eff from and after passage (approved May 13, 1980). 

Cross References — Subpoena for witnesses, generally, see § 13-3-93. 

RESEARCH REFERENCES 

Am Jur. 1A Am. Jur. PI & Pr Forms (complaint, petition, or declaration — by 
(Rev), Administrative Law, Form 341.2 license holder — against administrative 

136 



Regulation of Hospitals; Records § 41-9-17 

agency — to enjoin further proceedings to Licenses and Permits, Form 47 (petition 

suspend or revoke license — attempt to or application — allegation — denial of 

suspend or revoke license on grounds not proper hearing and failure to apprise li- 

listed in statute authorizing suspension or censee of complaint against such licensee 

revocation of license). as grounds for review of revocation of 

13A Am. Jur. PI & Pr Forms (Rev), license). 
Hospitals, Forms 3 et seq. (licensing and 16A Am. Jur. PI & Pr Forms (Rev), 

regulation). Licenses and Permits, Forms 61-63 (rein- 

16A Am. Jur. PI & Pr Forms (Rev), statement). 

§ 41-9-17. Rules, regulations and standards. 

The licensing agency shall adopt, amend, promulgate and enforce such 
rules, regulations and standards with respect to all hospitals to be licensed 
under Section 41-9-11 as may be designed to further the accomplishment of the 
purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate 
treatment of individuals in hospitals in the interest of public health, safety and 
welfare. Any rule, regulation or standard adopted hereunder shall be consid- 
ered as promulgated and effective from and after the time the same is recorded 
and indexed in a book to be maintained by the licensing agency in its main 
office in the State of Mississippi, entitled "Minimum Standard of Operation for 
Mississippi Hospitals." Said book shall be open and available to all hospitals 
and the public generally at all reasonable times. Upon the adoption of any such 
rule, regulation or standard, the licensing agency shall mail copies thereof to 
all hospitals in the state which have filed with said agency their names and 
addresses for this purpose, but the failure to mail the same or the failure of the 
hospital to receive the same shall in nowise affect the validity thereof. No such 
rules, regulations or standards shall be adopted or enforced which would have 
the effect of denying a license to a hospital or other institution required to be 
licensed, solely by reason of the school or system of practice employed or 
permitted to be employed therein. 

SOURCES: Codes, 1942, § 7146.5-07; Laws, 1948, ch. 398, § 7; Laws, 1980, ch. 
493, § 15; Laws, 1986, ch. 437, § 17, eff from and after July 1, 1986. 

Cross References — Ambulatory surgical facility owned or operated by entity or 
person other than hospital or hospital holding company, see § 41-75-1. 

Ambulatory surgical facility owned or operated by hospital or hospital holding, 
leasing, or management company, see § 41-75-1. 

Federal certification of ambulatory surgical facility owned or operated by hospital or 
hospital holding, leasing, or management company, see § 41-75-1. 

"Freestanding" ambulatory surgical facility, see § 41-75-1. 

"Hospital affiliated" ambulatory surgical facility, see § 41-75-1. 

JUDICIAL DECISIONS 

1. In general. because she was black and indigent, vio- 

In an action contending, inter alia, that lated §§ 41-9-1 through 41-9-35, the court 

the refusal of defendant hospital to admit held that, in general, the statutes were 

one plaintiff to deliver her baby, allegedly irrelevant to plaintiff's claims; § 41-9-17, 

137 



§ 41-9-19 Public Health 

the only section that might be interpreted the contents of which plaintiff failed to 

as germane, was inapplicable as imposing provide proof. Campbell v. Mincey, 413 F. 

no duties which the hospital owed plain- Supp. 16 (N.D. Miss. 1975), aff'd, 542 F.2d 

tiff but merely establishing an enforce- 573 (5th Cir. 1976). 
ment system for associated regulations 

§ 41-9-19. Effective date of rules, regulations or standards. 

Any hospital which is in operation at the time of promulgation of any 
applicable rules, regulations or standards under Section 41-9-17, shall be given 
a reasonable time, under the particular circumstances not to exceed one year 
from the date of such promulgation, within which to comply with such rules, 
regulations or standards. 

SOURCES: Codes, 1942, § 7146.5-08; Laws, 1948, ch. 398, § 8. 

§ 41-9-21. Inspections and consultations. 

The licensing agency shall make or cause to be made such inspections and 
investigations as it deems necessary. The licensing agency may prescribe by 
regulations that any licensee or applicant desiring to make specified types of 
alteration or addition to the facilities or to construct new facilities shall, before 
commencing such alteration, addition or new construction, submit plans and 
specifications therefor to the licensing agency for preliminary inspection and 
approval or recommendations with respect to compliance with the rules, 
regulations or standards authorized in Section 41-9-17. Necessary conferences 
and consultations may be provided. 

SOURCES: Codes, 1942, § 7146.5-09; Laws, 1948, ch. 398, § 9. 

§ 41-9-23. Information confidential. 

Information received by the licensing agency through filed reports, inspec- 
tion, or as otherwise authorized under Sections 41-9-1 through 41-9-35 shall 
not be disclosed publicly in such manner as to identify individuals, except in a 
proceeding involving the questions of licensure; however, the licensing agency 
may utilize statistical data concerning types of services and the utilization of 
these services for hospitals in performing the statutory duties imposed upon it 
by Section 41-7-171, et seq. and by Section 41-9-29. 

SOURCES: Codes, 1942, § 7146.5-12; Laws, 1948, ch. 398, § 12; Laws, 1984, ch. 
362, § 1, eff from and after July 1, 1984. 

§§ 41-9-25 and 41-9-27. Repealed. 

Repealed by Laws, 1980, ch. 493, § 22, eff from and after May 13, 1980. 
[Laws 1948, ch. 398, §§ 10, 11] 



138 



Regulation of Hospitals; Records § 41-9-31 

Editor's Note — Former § 41-9-25 related to the advisory hospital licensing council, 
appointed by the Mississippi Commission on Hospital Care, to advise and consult with 
the commission in carrying out its functions. 

Former § 41-9-27 set out the specific duties of the advisory hospital council. 

§ 41-9-29. Annual report of licensing agency. 

The licensing agency shall prepare and publish an annual report of its 
activities and operations under Sections 41-9-1 et seq. A reasonable number of 
copies of such publication(s) shall be available in the office of the licensing 
agency to be furnished to persons requesting them, for a nominal fee. 

SOURCES: Codes, 1942, § 7146.5-13; Laws, 1948, ch. 398, § 13; Laws, 1986, ch. 
437, § 18, eff from and after July 1, 1986. 

Cross References — Use of statistical data collected under this section, see 
§ 41-9-23. 

§ 41-9-31. Judicial review. 

Any applicant or licensee aggrieved by the decision of the licensing agency 
after a hearing may, within thirty (30) days after the mailing or serving of 
notice of the decision as provided in Section 41-9-15, file a notice of appeal in 
the chancery court of the First Judicial District of Hinds County or the 
chancery court of the county in which the hospital is located or to be located, 
and the chancery clerk thereof shall serve a copy of the notice of appeal upon 
the licensing agency. Thereupon the licensing agency shall, within sixty (60) 
days or such additional time as the court may allow from such notice, certify 
and file with the court a copy of the record and decision, including the 
transcript of the hearings, on which the decision is based. Findings of fact by 
the licensing agency shall be conclusive unless substantially contrary to the 
weight of the evidence. However, upon good cause shown, the court may 
remand the case to the licensing agency to take further evidence, and the 
licensing agency may thereupon affirm, reverse or modify its decision. The 
court may affirm, modify or reverse the decision of the licensing agency, and 
either the applicant or licensee or the licensing agency may appeal from this 
decision to the Supreme Court as in other cases in the chancery court. Pending 
final disposition of the matter of the status quo of the applicant or licensee 
shall be preserved, except as the court otherwise orders in the public interest. 
Rules with respect to court costs in other cases in chancery shall apply equally 
to cases hereunder. 

SOURCES: Codes, 1942, § 7146.5-14; Laws, 1948, ch. 398, § 14; Laws, 1980, ch. 
493, § 16; Laws, 1986, ch. 437, § 19, eff from and after July 1, 1986. 

Cross References — Denial or revocation of license, see § 41-9-15. 
Effect of appeal on finality of decision, see § 41-9-15. 



139 



§ 41-9-33 Public Health 

RESEARCH REFERENCES 

Am Jur. 1A Am. Jur. PI & Pr Forms 16A Am. Jur. PI & Pr Forms (Rev), 

(Rev), Administrative Law, Form 341.2 Licenses and Permits, Forms 21 et seq. 

(complaint, petition, or declaration — : by (grant or refusal of license), 

license holder — against administrative 16A Am. Jur. PI & Pr Forms (Rev), 

agency — to enjoin further proceedings to Licenses and Permits, Forms 41 et seq. 

suspend or revoke license — attempt to (revocation, suspension, and reinstate- 

suspend or revoke license on grounds not ment of licenses), 
listed in statute authorizing suspension or 
revocation of license). 

§ 41-9-33. Penalties. 

Any person establishing, conducting, managing or operating any hospital 
without a license as provided for in Section 41-9-11 shall be guilty of a 
misdemeanor, and upon conviction, shall be fined not more than one thousand 
dollars ($1,000.00) for the first offense and not more than one thousand dollars 
($1,000.00) for each subsequent offense. Each day of a continuing violation 
after conviction shall be considered a separate offense. 

SOURCES: Codes, 1942, § 7146.5-15; Laws, 1948, ch. 398, § 15; Laws, 1980, ch 
493, § 17, eff from and after passage (approved May 13, 1980). 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-9-35. Injunction. 

Notwithstanding the existence or pursuit of any other remedy, the 
licensing agency, may in the manner provided by law, upon the advice of the 
attorney general who shall represent the licensing agency in the proceedings, 
maintain an action in the name of the state for an injunction or other process 
against any person or governmental unit to restrain or prevent the establish- 
ment, conduct, management or operation of a hospital without a license as 
provided for in Section 41-9-11. 

SOURCES: Codes, 1942, § 7146.5-16; Laws, 1948, ch. 398, § 16. 

Cross References — Injunctions, generally, see §§ 11-13-1 et seq. 
Injunction against unlicensed practice of profession, see § 73-51-1. 

§ 41-9-37. Paid educational leave for hospital employees. 

(l)(a) A hospital may grant paid educational leave to those applicants it 
deems qualified therefor, upon such terms and conditions as it may impose 
and as provided for in this section. 

(b) In order to be eligible for paid educational leave, an applicant must: 
(i) Be working at the sponsoring hospital at the time of application; 
(ii) Attend any college or school approved and designated by the 
sponsoring hospital; and 

140 



Regulation of Hospitals; Records § 41-9-37 

(iii) Agree to work in a health-care occupation as a licensed practical 
nurse, registered nurse, nurse practitioner, speech pathologist, occupa- 
tional therapist, physical therapist or other health-care professional in the 
sponsoring hospital for a period of time equivalent to the period of time for 
which the applicant receives paid educational leave compensation, calcu- 
lated to the nearest whole month, but in no event less than two (2) years. 
(c)(i) Before being granted paid educational leave, each applicant shall 
enter into a contract with the sponsoring hospital agreeing to the terms 
and conditions upon which the paid educational leave shall be granted. 
The contract shall include such terms and provisions necessary to carry 
out the full purpose and intent of this section. The contract shall be signed 
by the administrator of the sponsoring hospital and the recipient of paid 
educational leave compensation. If the recipient is a minor, his or her 
minority disabilities shall be removed by a chancery court of competent 
jurisdiction before the contract is signed. 

(ii) The sponsoring hospital shall have the authority to cancel any 
contract made between it and any recipient for paid educational leave 
upon such cause being deemed sufficient by the administrator of the 
hospital. 

(iii) The sponsoring hospital is vested with full and complete author- 
ity and power to sue in its own name any recipient for any balance due to 
the hospital on any such uncompleted contract. The sponsoring hospital 
may contract with a collection agency or banking institution for collection 
of any balance due to the hospital from any recipient. The sponsoring 
hospital and its employees and, if applicable, its board of trustees are 
immune from any suit brought in law or equity for actions taken by the 
collection agency or banking institution incidental to or arising from their 
performance under the contract. The sponsoring hospital, collection 
agency and banking institution may negotiate for the payment of a sum 
that is less than full payment in order to satisfy any balance the recipient 
owes. 

(iv) Failure to meet the terms of an educational loan contract shall be 
grounds for revocation of the professional license that was earned through 
the paid educational leave compensation granted under this section. 

(v) A finding by the sponsoring hospital of a default by the recipient 
shall be a finding of unprofessional conduct and, therefore, a basis for the 
revocation of the professional license that was obtained through the 
educational leave program. A finding by the sponsoring hospital of default 
shall be a disciplinary action, not a collection action, and shall not be 
affected by the recipient declaring bankruptcy. 

(vi) Notice of pending default status, the consequences of a default 
and the hearing to determine the pending default status shall be mailed by 
the sponsoring hospital to the recipient at the last known address. 

(vii) The sponsoring hospital shall conduct a hearing of pending 
default status, make a final determination, and, if appropriate, issue a 
finding of default. 

141 



§ 41-9-37 Public Health 

(viii) Recipients may appear at the hearing of pending default status, 
either personally or through counsel, or both, and produce and cross- 
examine witnesses or evidence in the recipient's behalf. The procedure of 
the hearing shall not be bound by the Mississippi Rules of Civil Procedure 
and Evidence. 

(ix) If at the hearing a recipient is found to be in default, a copy of the 
finding of default shall be forwarded to the appropriate licensing agency. 
(x) Appeals from a finding of default made by the sponsoring hospital 
shall be to the circuit court of the county in which the hospital is located. 
(xi) Rules and regulations governing the hearing of pending default 
status and other applicable matters shall be promulgated by the sponsor- 
ing hospital. 

(xii) Any person who is subject to the revocation of his or her 
professional license for not meeting the terms of an educational loan 
contract may appear before the appropriate licensing agency to show 
mitigating circumstances for failure to meet the terms of the contract, and 
may appeal any revocation of his or her professional license under the laws 
applicable to the licensing agency. 

(xiii) A license that has been revoked under this section shall be 
reinstated upon a showing of proof that the recipient is no longer in 
default. 

(xiv) These procedures shall only be applicable to educational leave 
contracts entered into under this section and shall not apply to educa- 
tional leave contracts entered into with any state health institution 
pursuant to Section 37-101-291 or Section 37-101-293, as amended. 
(2)(a) Any recipient who is granted paid educational leave by a hospital 
shall be compensated by the sponsoring hospital during the time the 
recipient is in school, at the rate of pay received by a nurse's aide employed 
at the hospital. All educational leave compensation received by the recipient 
while in school shall be considered earned conditioned upon the fulfillment 
of the terms and obligations of the educational leave contract and this 
section. However, no recipient of full-time educational leave shall accrue 
personal or major medical leave while the recipient is on paid educational 
leave. Recipients of paid educational leave shall be responsible for their 
individual costs of tuition and books. 

(b) Paid educational leave shall be granted only upon the following 
conditions: 

(i) The recipient shall fulfill his or her obligation under the contract 
with the sponsoring hospital by working as a licensed practical nurse, 
registered nurse, nurse practitioner, speech pathologist, occupational 
therapist, physical therapist or other health-care professional. The total 
compensation that the recipient was paid while on educational leave shall 
be considered as unconditionally earned on an annual pro rata basis for 
each year of service rendered under the educational leave contract as a 
health-care professional in the sponsoring hospital. 

(ii) If the recipient does not work as a licensed practical nurse, 
registered nurse, nurse practitioner, speech pathologist, occupational 

142 



Regulation of Hospitals; Records § 41-9-37 

therapist, physical therapist or other health-care professional in the 
sponsoring hospital for the period required under this section, the recipi- 
ent shall be liable for repayment on demand of the remaining portion of 
the compensation that the recipient was paid while on paid educational 
leave that has not been unconditionally earned, with interest accruing at 
ten percent (10%) per annum from the recipient's date of graduation or the 
date that the recipient last worked at the sponsoring hospital, whichever 
is the later date. In addition, there shall be included in any contract for 
paid educational leave a provision for liquidated damages equal to Five 
Thousand Dollars ($5,000.00), which may be reduced on a pro rata basis 
for each year served under the contract. 

(iii) If any recipient fails or withdraws from school at any time before 
successfully completing his or her health-care training, the recipient shall 
be liable for repayment on demand of the amount of the total compensa- 
tion that the recipient was paid while on paid educational leave, with 
interest accruing at ten percent (10%) per annum from the date the 
recipient failed or withdrew from school. However, the recipient shall not 
be liable for liquidated damages, and if the recipient returns to work at the 
sponsoring hospital in the same position held at the hospital before 
accepting educational leave, or a position approved by the hospital, the 
recipient shall not be liable for payment of any interest on the amount 
owed. 

(iv) The issuance and renewal of the professional license required to 
work as a licensed practical nurse, registered nurse, nurse practitioner, 
speech pathologist, occupational therapist, physical therapist or other 
health-care professional for which the educational leave was granted shall 
be contingent upon the repayment of the total compensation that the 
recipient received while on paid educational leave. Failure to meet the 
terms of an educational loan contract shall be grounds for revocation of the 
professional license that was earned through the paid educational leave 
compensation granted under this section. Any individual who receives any 
amount of paid educational leave compensation while in school and 
subsequently receives a professional license shall be deemed to have 
earned the professional license through paid educational leave. Any 
person who is subject to the revocation of his or her professional license for 
not meeting the terms of an educational loan contract may appear before 
the appropriate licensing agency to show mitigating circumstances for 
failure to meet the terms of the contract, and may appeal any revocation 
of his or her professional license under the laws applicable to the licensing 
agency. 

(v) These procedures shall only apply to educational leave contracts 
entered into under this section and shall not apply to educational leave 
contracts entered into with any state institution pursuant to Section 
37-101-291 or Section 37-101-293, as amended. 

SOURCES: Laws of 2003, ch. 487, § 1, eff from and after July 1, 2003. 

143 



§ 41-9-51 Public Health 

Editor's Note — Laws, 2003, ch. 487, § 2 provides: 

"SECTION 2. Section 1 of this act shall be codified in Chapter 9 of Title 41, 
Mississippi Code of 1972." 

REIMBURSEMENT FOR TRAUMA CARE SERVICE 

Sec. 

41-9-51. Hospitals authorized to charge patient for reasonable cost of activating 

trauma care services under certain circumstances; reimbursement by 
health-care insurer [Repealed effective July 1, 2011]. 

§ 41-9-51. Hospitals authorized to charge patient for reason- 
able cost of activating trauma care services under certain 
circumstances; reimbursement by health-care insurer [Re- 
pealed effective July 1, 2011]. 

Any hospital that reasonably activates a trauma care team in response to 
a request for trauma care services may charge the patient for the reasonable 
cost of activating those services and shall be reimbursed for those services by 
the health-care insurer by assignment from the patient or from the patient. 
That cost shall be reimbursed regardless of whether services were actually 
rendered to the patient, and those trauma care services shall be deemed as a 
matter of law to have been medical services provided to the patient. 

SOURCES: Laws, 2008, ch. 549, § 8, eff from and after July 1, 2008. 

Editor's Note — Laws of 2008, ch. 549, § 9, provides: 
"SECTION 9. This act shall stand repealed on July 1, 2011." 

HOSPITAL RECORDS — PREPARATION, PRESERVATION AND 

DESTRUCTION 



Sec. 

41-9-61. Definitions. 

41-9-63. Hospitals required to prepare and maintain hospital records. 

41-9-64. Electronic medical records containing electronic signature deemed 

signed. 
41-9-65. Hospital records constitute hospital property subject to reasonable 

access. 
41-9-67. Hospital records not public records; privileged communications rule not 

impaired. 
41-9-68. Certain hospital records exempt from requirement of public access. 

41-9-69. Period of retention of hospital records. 

41-9-71. E arly retirement of hospital records on consent of patient and physician. 

41-9-73. Retention of hospital records for longer periods. 

41-9-75. Abstracts of hospital records; destruction of originals. 

41-9-77. Reproduction of hospital records. 

41-9-79. Disposition of hospital records on closing of hospital. 

41-9-81. Business records of hospitals. 

41-9-83. Violations; civil liability. 

144 



Regulation of Hospitals; Records § 41-9-61 

§ 41-9-61. Definitions. 

As used in Sections 41-9-61 through 41-9-83: 

(a) "Hospital" shall have the meaning ascribed thereto by Section 
41-9-3, regardless of the type of ownership or form of management or 
organization of the institution, and it shall include the proprietor and 
operator thereof. 

(b) "Hospital records" shall mean, without restriction, those medical 
histories, records, reports, summaries, diagnoses and prognoses, records of 
treatment and medication ordered and given, notes, entries, X-rays and 
other written or graphic data prepared, kept, made or maintained in 
hospitals that pertain to hospital confinements or hospital services rendered 
to patients admitted to hospitals or receiving emergency room or outpatient 
care. Such records shall also include abstracts of the foregoing data custom- 
arily made or made as provided in Section 41-9-75. Such records shall not, 
however, include ordinary business records pertaining to patients' accounts 
or the administration of the institution nor shall "hospital records" include 
any records consisting of nursing audits, physician audits, departmental 
evaluations or other evaluations or reviews which are used only for in- 
service education programs, or which are required only for accreditation or 
for participation in federal health programs. 

(c) "Patient" shall mean outpatients, inpatients, persons dead on ar- 
rival, and the newborn. 

(d) "Retirement," or variations thereof, shall mean the withdrawal from 
current files of hospital records, business records or parts thereof on or after 
the expiration of the applicable minimum period of retention established 
pursuant to Section 41-9-69. However, no hospital record, business record, or 
parts thereof, shall be subject to retirement where otherwise required by law 
to be kept as a permanent record. 

(e) "Licensing agency" shall mean the State Department of Health. 

(f) "Business records" shall mean all those books, ledgers, records, 
papers and other documents prepared, kept, made or received in hospitals 
that pertain to the organization, administration or management of the 
business and affairs of hospitals, but which do not constitute hospital 
records as hereinabove defined. 

SOURCES: Codes, 1942, § 7146-51; Laws, 1962, ch. 411, § 1; Laws, 1975, ch. 353; 
Laws, 1980, ch. 493, § 18; Laws, 1986, ch. 437, § 20, eff from and after July 
1, 1986. 

Cross References — Limitations on charges permitted for photocopying patients' 
records by medical provider; physicians to make reasonable charges for depositions, see 
§ 11-1-52. 

Health care commission, see §§ 41-7-171 et seq. 

Licensing agency for hospitals, see § 41-9-3. 

Business records of hospitals, see § 41-9-81. 

Use of hospital records in trials and administrative hearings, see §§ 41-9-101 et seq. 

Evaluation and review of professional health services providers, see §§ 41-63-1 et 
seq. 

145 



§ 41-9-63 Public Health 

RESEARCH REFERENCES 

ALR. Admissibility of hospital record Admissibility in civil action of electroen- 

relating to intoxication or sobriety of pa- cephalogram, electrocardiogram, or other 

tient. 38 A.L.R.2d 778. record made by instrument used in medi- 

Admissibility of hospital record relating cal test, or of report based upon such test, 

to cause or circumstances of accident or QQ A.L.R.2d 536. 

incident in which patient sustained injury. Discovery of hospital's internal records 

44 A.L.R.2d 553. or communications as to qualifications or 

Admissibility of hospital record relating evaluations of individual physician. 81 

to physician's opinion as to whether pa- A.L.R.3d 944. 
tient is malingering or feigning injury. 55 
A.L.R.2d 1031. 

§ 41-9-63. Hospitals required to prepare and maintain hospi- 
tal records. 

All hospitals, their officers or employees and medical and nursing person- 
nel practicing therein, shall with reasonable promptness prepare, make and 
maintain true and accurate hospital records complying with such methods and 
minimum standards as may be prescribed from time to time by rules and 
regulations adopted by the licensing agency. 

SOURCES: Codes, 1942, § 7146-52; Laws, 1962, ch. 411, § 2,eff60daysfromand 
after passage (approved March 28, 1962). 

JUDICIAL DECISIONS 

1. Preference card. used in the mother's surgery; therefore, 

Probative value of the doctor's prefer- the son met his burden of proof to show 

ence card, had it been produced, would that the stockings were not used and was 

have been to establish that the doctor in unharmed by the absence of the prefer- 

fact specified the anti-embolic stockings, ence card. Young v. Univ. of Miss. Med. 

or that he did not; however, the trial court Ctr., 914 So. 2d 1272 (Miss. Ct. App. 2005). 
found that the stockings had not been 

§ 41-9-64. Electronic medical records containing electronic 
signature deemed signed. 

An electronic medical record or medical order containing an electronic 
signature is considered to be signed as a matter of law, if the electronic 
signature is affixed or verified in conformity with a reasonable security 
procedure for the purpose of verification of electronic signatures. 

SOURCES: Laws, 2000, ch. 441, § 1, eff from and after passage (approved Apr. 
18, 2000.) 



146 



Regulation of Hospitals; Records § 41-9-67 

§ 41-9-65. Hospital records constitute hospital property sub- 
ject to reasonable access. 

(1) Hospital records are and shall remain the property of the various 
hospitals, subject however to reasonable access to the information contained in 
the records upon good cause shown by the patient, his personal representatives 
or heirs, his attending medical personnel and his duly authorized nominees, 
and upon payment of any reasonable charges for that service. Nothing in this 
section shall be construed to deny access to hospital records by representatives 
and officials of the State Department of Health, in the discharge of their official 
duties, under Sections 41-3-15, 41-23-1 and 41-23-2. 

(2) Nothing in this section shall be construed to prevent an heir from 
obtaining access to a decedent's medical records under Section 41-10-3. 

SOURCES: Codes, 1942, § 7146-53; Laws, 1962, ch. 411, § 3; Laws, 1988, ch. 557, 
§ 4; Laws, 2009, ch. 524, § 2, eff from and after July 1, 2009. 

Amendment Notes — The 2009 amendment added (2) and designated the former 
provisions of the section as (1); and in (1), substituted "information contained in the 
records" for "information contained therein" and made minor stylistic changes. 

Cross References — Limitations on charges permitted for photocopying patients' 
records by medical provider; physicians to make reasonable charges for depositions, see 
§ 11-1-52. 

Exemption of certain hospital records from requirement of public access, see § 41-9-68. 

JUDICIAL DECISIONS 

1. In general. and of the problems that could result from 

Trial court did not err by granting the their improper release, a hospital properly 

corporations summary judgment on the refused to reproduce and release volumi- 

issue of standing in the law firm's anti- nous patient records when it received only 

trust lawsuit, as the law firm's clients only a form request and offer to pay for "rea- 

had standing to object to any fees associ- sonable access"; a reasonable response 

ated with retrieval of their medical would be to allow access if representatives 

records under Miss. Code Ann. § 41-9-65, f the requesting facility appeared person- 

and the law firm was not a real party in a n y at the hospital, checked the records, 

interest under Miss. R. Civ. P. 17(a). Owen and indicated those for which they would 

& Galloway, L.L.C. v. Smart Corp., 913 So. be w iHi ng to pay for copies. Young v. Mad- 

2d 174 (Miss. 2005). ison Gen Hosp ? 337 So 2 d 931 (Miss. 

In light of the highly personal nature of 1976) 
a patient's medical and hospital records 

RESEARCH REFERENCES 

ALR. Discovery of hospital's internal tions or evaluations of individual physi- 
records or communications as to qualifica- cian. 81 A.L.R.3d 944. 

§ 41-9-67. Hospital records not public records; privileged 
communications rule not impaired. 

Except as otherwise provided by law, hospital records shall not constitute 
public records, and nothing contained in Sections 41-9-61 through 41-9-83 

147 



§ 41-9-68 Public Health 

shall be deemed to impair any privilege of confidence conferred by law or the 
Mississippi Rules of Evidence on patients, their personal representatives or 
heirs, by Section 13-1-21, Mississippi Code of 1972. 

SOURCES: Codes, 1942, § 7146-59; Laws, 1962, ch. 411, § 9; Laws, 1991, ch. 573, 
§ 109, eff from and after August 14, 1991 (the date the United States 
Attorney General stated that this amendment was not subject to preclear- 
ance under the Voting Rights Act). 

Editor's Note — The United States Attorney General, by letter dated August 14, 
1991, stated that the amendment to § 41-9-67 by Laws of 1991, ch. 573, § 109, is not 
a change which affects voting, and therefore, is not subject to Section 5 preclearance 
under the Voting Rights Act of 1965. 

Cross References — Exemption of certain hospital records from requirement of 
public access, see § 41-9-68. 

Confidentiality and inspection of hospital records of civilly committed patients, see 
§ 41-21-97. 

JUDICIAL DECISIONS 

1. In general. be willing to pay for copies. Young v. Mad- 
In light of the highly personal nature of ison Gen. Hosp., 337 So. 2d 931 (Miss. 
the patient's medical and hospital records 1976). 

and of the problems that could result from An injured automobile passenger 

their improper release, a hospital properly waived his patient-doctor privilege as to 

refused to reproduce and release volumi- communication and hospital records when 

nous patient records when it received only he put on the stand a doctor who was in 

a form request and offer to pay for "rea- possession of the records which he had 

sonable access"; a reasonable response secured for use in connection with his 

would be to allow access if representatives testimony, and the doctor's testimony in- 

ofthe requesting facility appeared person- dicated that the record was used by him 

ally at the hospital, checked the records, on the witness stand. Knighton v. 

and indicated those for which they would Knighton, 253 So. 2d 846 (Miss. 1971). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 
Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

§ 41-9-68, Certain hospital records exempt from requirement 
of public access. 

Records maintained by public hospitals, except the official minutes of the 
board of trustees, and financial reports filed as required by statute with the 
board of supervisors or municipal authorities or any other agency of govern- 
ment, shall be exempt from the provisions of the Mississippi Public Records Act 
of 1983. 



148 



Regulation of Hospitals; Records § 41-9-69 

SOURCES: Laws, 1983, ch. 424, § 18, eff from and after July 1, 1983. 

Editor's Note — The Mississippi Public Records Act of 1983, referred to in this 
section, is Laws of 1983, ch. 424, §§ 1-9, which appears as §§ 25-61-1 et seq. 

Cross References — Provision that the board of trustees of a community hospital 
shall comply with this section, see § 41-13-35. 

Confidentiality and inspection of hospital records of civilly committed patients, see 
§ 41-21-97. 

ATTORNEY GENERAL OPINIONS 

Whether county emergency medical ser- Section 41-9-68 or were otherwise privi- 

vice records, including health conditions leged under Section 13-1-21 is a factual 

of persons injured in an accident, consti- question. Lamar, Dec. 16, 2005, A.G. Op. 

tuted exempt "hospital records" under 05-0595. 

§ 41-9-69. Period of retention of hospital records. 

(1) Hospital records shall be retained, preserved and properly stored by 
hospitals for such periods of reasonable duration as may be prescribed in rules 
and regulations adopted by the licensing agency. Such rules and regulations may 
provide for different periods of such retention for the various constituent parts of 
any hospital records, and such rules and regulations may require that an 
abstract be made of pertinent data from any hospital records that may be retired 
as provided herein. Such rules and regulations may also provide for different 
periods of such retention for the various injuries, diseases, infirmities or 
conditions primarily causing or associated with the hospitalization. However, 
complete hospital records shall be retained for a period after discharge of the 
patient of at least (a) seven (7) years in cases of patients discharged at death, 
except as may be otherwise hereinafter provided; (b) ten (10) years in cases of 
adult patients of sound mind at the time of discharge, except as may be otherwise 
hereinafter provided; (c) for the period of minority or other known disability of 
the patient plus seven (7) additional years, but not to exceed twenty-eight (28) 
years, in cases of patients under disability of minority or otherwise; or (d) for the 
period of minority or other known disability of any survivors hereinafter 
mentioned plus seven (7) additional years, but not to exceed twenty-eight (28) 
years, in all cases where the patient was discharged at death, or is known by the 
hospital to have died within thirty (30) days after discharge, and the hospital 
knows or has reason to believe that such patient or former patient left one or 
more survivors under disability of minority or otherwise who are or are claimed 
to be entitled to damages for wrongful death of the patient under Section 11-7-13, 
or laws amendatory thereof. Upon the expiration of the applicable period of 
retention, any hospital may retire the hospital record. 

(2) X-ray film and any other graphic data may be retired four (4) years after 
the date of exposure of the X-ray film or creation of the graphic data if the written 
and signed findings of a radiologist who has read such X-ray film or other 
professional who has interpreted such graphic data are retained for the same 
period as other hospital records under the preceding subsection. However, before 
X-ray film or graphic data is retired, the signature of the patient or his 

149 



§ 41-9-71 Public Health 

representative consenting to the retirement of X-rays or graphic data shall be on 
file, or the hospital, by certified letter, return receipt requested, shall advise the 
patient or his representative of its intent to retire the X-ray film or graphic data. 
The letter shall be mailed to the last known address of the patient or the patient's 
representative as reflected in the hospital's records. The patient or his represen- 
tative shall have sixty (60) days from the date of the hospital's letter to request 
in writing that the X-ray film or graphic data be maintained by the hospital for 
the same period as hospital records under the preceding subsection. If such 
request is received by the hospital within sixty (60) days from the date of its 
letter, the hospital shall abide by such request. Otherwise, the hospital may 
retire such X-ray film or graphic data as it chooses. 

SOURCES: Codes, 1942, § 7146-54; Laws, 1962, ch. 411, § 4; Laws, 1973, ch. 301, 
§ 1; Laws, 1981, ch. 450, § 1; Laws, 1990, ch. 369, § 1; Laws, 1991, ch. 380, § 1, 
eff from and after July 1, 1991. 

Cross References — Early retirement of records with consent of patient and 
physician, see § 41-9-71. 

Extension of period of retention of records, see § 41-9-73. 

ATTORNEY GENERAL OPINIONS 

Because in-house treatment is provided Section 41-9-69 does not regulate the 
by some regional health centers, such cen- retention of records by county health de- 
ters must fulfill statutory record retention partments. Section 25-59-21 would govern 
requirements dealing with hospital the retention and destruction of these 
records. Oakes, May 21, 1992, A.G. Op. records. Thompson, October 18, 1995, 
#92-0257. A.G. Op. #95-0674. 

§ 41-9-71. Early retirement of hospital records on consent of 
patient and physician. 

Any hospital may, in its discretion, retire any hospital record or part 
thereof prior to the expiration of the period of retention established in Section 
41-9-69 upon the written consent of the patient involved, if he be an adult and 
of sound mind, and the consent of the attending physician, if he be alive. If the 
attending physician be not alive, such records or part thereof may be so retired 
upon the written consent of such patient. However, in no event shall any 
consent be valid if given within one (1) year from the date of discharge. 

SOURCES: Codes, 1942, § 7146-55; Laws, 1962, ch. 411, § 5, eff 60 days from and 
after passage (approved March 28, 1962). 

Cross References — Period of retention of records, see § 41-9-69. 

§ 41-9-73. Retention of hospital records for longer periods. 

Any hospital may retain, preserve and store hospital records for such 
longer periods as in its discretion it may find proper or as may be required by 
any court of competent jurisdiction. 

150 



Regulation of Hospitals; Records § 41-9-77 

SOURCES: Codes, 1942, § 7146-56; Laws, 1962, ch. 411, § 6, eff 60 days from and 
after passage (approved March 28, 1962). 

Cross References — Period of retention of records, see § 41-9-69. 

§ 41-9-75. Abstracts of hospital records; destruction of origi- 
nals. 

Upon retirement of any hospital record or part thereof, the hospital shall 
cause an abstract to be made of any pertinent data where so required by the 
rules and regulations of the licensing agency, or as the hospital in its discretion 
may find proper. The hospital record or part thereof so retired shall be 
destroyed or otherwise disposed of by burning, shredding or other effective 
method in keeping with the confidential nature of its contents. 

SOURCES: Codes, 1942, § 7146-57; Laws, 1962, ch. 411, § 7; Laws, 1981, ch. 450, 
§ 2, eff from and after July 1, 1981. 

§ 41-9-77. Reproduction of hospital records. 

Any hospital may, in its discretion, cause any hospital record or part 
thereof to be reproduced on film or in any other acceptable form of medium, as 
determined by the licensing agency, which shall include, but not be limited to, 
microfilming, photographing, photostating, storage on optical disks, or any 
other form of electronic or digital media. After the records have been repro- 
duced, the hospital may retire the original documents so reproduced. Any such 
reproduction or copy of an original hospital record or part thereof shall be 
deemed to be the original hospital record or part thereof for all purposes, shall 
be subject to retention and retirement as provided in Sections 41-9-69 through 
41-9-73, and shall be admissible as evidence in all courts or administrative 
agencies to the same extent as the original would be or would have been 
admissible. A facsimile, exemplification or copy of the reproduction or copy 
shall be deemed to be a transcript, exemplification or copy of the original 
hospital record or part thereof. However, no state hospital shall undertake that 
reproduction or destruction of records except as provided in Section 25-59-1 et 
seq. No other public hospital shall undertake that reproduction unless the 
expense for it has been provided for in the annual budget, or an amendment to 
the budget, approved for that public hospital. 

SOURCES: Codes, 1942, § 7146-58; Laws, 1962, ch. 411, § 8; Laws, 1991, ch. 446, 
§ 1; Laws, 2009, ch. 325, § 1; Laws, 2009, ch. 407, § 1, eff from and after July 
1, 2009. 

Joint Legislative Committee Note — Section 1 of ch. 407, Laws of 2009, effective 
from and after July 1 , 2009 (approved March 18, 2009), amended this section. Section 
1 of ch. 325, Laws of 2009, effective from and after July 1, 2009 (approved March 11, 
2009), also amended this section. As set out above, this section reflects the language of 
Section 1 of ch. 407, Laws of 2009, pursuant to Section 1-3-79 which provides that 
whenever the same section of law is amended by different bills during the same 
legislative session, and the effective dates of the amendments are the same, the 

151 



§ 41-9-79 Public Health 

amendment with the latest approval date shall supersede all other amendments to the 
same section approved on an earlier date. 

Amendment Notes — The first 2009 amendment (ch. 325), added "or any other form 
of electronic or digital media" at the end of the first sentence. 

The second 2009 amendment (ch. 407) added "or any other form of electronic or 
digital media" to the end of the first sentence; substituted "or an amendment to the 
budget" for "or an amendment thereof" near the end of the last sentence; and made 
minor stylistic changes throughout. 

Cross References — Exemption of certain hospital records from requirement of 
public access, see § 41-9-68. 

Disposition of records on closing of hospital, see § 41-9-79. 

Reproduction of business records, see § 41-9-81. 

RESEARCH REFERENCES 

ALR. Admissibility of hospital record Admissibility in civil action of electroen- 

relating to intoxication or sobriety of pa- cephalogram, electrocardiogram, or other 

tient. 38 A.L.R.2d 778. record made by instrument used in medi- 

Admissibility of hospital record relating cal test, or of report based upon such test, 

to cause or circumstances of accident or 66 A.L.R.2d 536. 

incident in which patient sustained injury. Photographic representation or photo- 

44 A.L.R.2d 553. s t a t of writing as primary or secondary 

Admissibility of hospital record relating evidence within best evidence rule. 76 

to physician's opinion as to whether pa- A.L.R.2d 1356. 
tient is malingering or feigning injury. 55 
A.L.R.2d 1031. 

§ 41-9-79. Disposition of hospital records on closing of hospi- 
tal. 

If any hospital shall be finally closed, its hospital records may be delivered 
and turned over to any other hospital or hospitals in the vicinity willing to 
accept and retain the same as provided for in Section 41-9-69. If there be no 
such other hospital, the closing hospital shall deliver its hospital records, in 
good order and properly indexed for convenient reference, to the licensing 
agency, which shall store, retain, retire and provide access to the information 
therein in the same manner as is provided for by hospitals. In its discretion, 
the licensing agency may also exercise like authority, and to the same effect, 
with respect to reproduction of such hospital records as is conferred on state 
hospitals by Section 41-9-77. 

SOURCES: Codes, 1942, § 7146-60; Laws, 1962, ch. 411, § 10, eff 60 days from 
and after passage (approved March 28, 1962). 

§ 41-9-81. Business records of hospitals. 

The commissioners or board of trustees of any hospital owned or owned 
and operated separately or jointly by one or more counties, cities, towns, 
supervisors districts or election districts, or combinations thereof, shall have 
the power and authority, in its discretion, to retire and destroy any of the 
following business records of the hospital at any time three (3) years after the 

152 



Regulation of Hospitals; Records § 41-9-83 

respective dates that the same are prepared, made, received, executed, acted 
on or otherwise completed: intrahospital requisitions; inventory records of 
expendable supplies; temporary records pertaining to patients' charges; de- 
partment reports; paid invoices; purchase orders; and similar documents of 
temporary use and value. 

In addition to the foregoing, whenever any business records which are 
required by law to be preserved and retained for indefinite periods, or which 
are necessary or desirable on the basis of sound business practices to be 
preserved or retained, shall have been so retained and preserved for a period 
of six (6) years, the commissioners or board of trustees of any such hospital 
shall have the power and authority, in its discretion, to retire and destroy the 
same. However, nothing contained herein shall authorize the retirement, 
destruction or disposal of any business records containing or consisting of 
minutes or minute books; bylaws or rules and regulations; general ledgers; 
disbursement registers or journals; cash receipts registers; maintenance and 
investment accounts; inventory records; ledger cards, sheets or other records of 
unpaid accounts receivable; other evidence of unpaid indebtedness; budgets; 
audit reports; licenses or permits; abstracts or certificates of title; geological 
reports; engineering or architectural plans, specifications or drawings; or any 
other business records which are otherwise required by law, order or decree of 
any court of competent jurisdiction, applicable rules and regulations or sound 
business practices to be retained permanently or for longer periods than six (6) 
years. 

Except as otherwise provided by law, order or decree of any court of 
competent jurisdiction, or applicable rules and regulations, any privately 
owned and operated hospital may retire any business records at such times as 
in its judgment may conform to sound business practices and the reasonable 
accommodation of other interested parties. 

Any hospital may, in its discretion, and at any time, cause any part of its 
business records to be reproduced in like manner and with like effect as 
provided in Section 41-9-77 with respect to hospital records. However, this 
shall not be construed to permit the destruction, retirement or earlier 
retirement of any business record which is otherwise prohibited or deferred by 
this section. 

SOURCES: Codes, 1942, § 7146-61; Laws, 1962, ch. 411, § 11; Laws, 1966, ch. 462, 
§ 1; Laws, 1991, ch. 446, § 2, eff from and after July 1, 1991. 

Cross References — Reproduction of hospital records, see § 41-9-77. 

§ 41-9-83. Violations; civil liability. 

Willful violation of the provisions of Sections 41-9-61 through 41-9-83 shall 
constitute a misdemeanor and shall be punishable as provided for by law. No 
hospital, its officers, employees or medical and nursing personnel practicing 
therein, shall be civilly liable for violation of said sections except to the extent 
of liability for actual damages in a civil action for willful or reckless and 

153 



§ 41-9-101 Public Health 

wanton acts or omissions constituting such violation. Such liability shall be 
subject, however, to any immunities or limitations of liability or damages 
provided by law. 

SOURCES: Codes, 1942, § 7146-62; Laws, 1962, ch. 411, § 12, eff 60 days from 
and after passage (approved March 28, 1962). 

Cross References — Penalty where none fixed elsewhere by statute, see § 99-19- 
31. 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violations, see § 99-19-73. 

RESEARCH REFERENCES 

ALR. Locality rule as governing hospi- pert's competency to testify thereto. 36 
tal's standard of care to patient and ex- A.L.R.3d 440. 

HOSPITAL RECORDS — USE IN TRIALS AND ADMINISTRATIVE 

HEARINGS 

Sec. 

41-9-101. Definitions. 

41-9-103. Furnishing copies of records in compliance with subpoenas. 

41-9-105. Sealing, identification and direction of copies. 

41-9-107. Opening of sealed envelopes. 

41-9-109. Affidavit of custodian as to copies; charges. 

41-9-111. Repealed. 

41-9-113. Obtaining personal attendance of custodian. 

41-9-115. Obtaining personal attendance of custodian and production of original 

record. 

41-9-117. Substitution of copies after introduction of records into evidence. 

41-9-119. Evidence of reasonableness of medical expenses. 

§ 41-9-101. Definitions. 

As used in Sections 41-9-101 through 41-9-119, the following terms shall 
have the respective meanings ascribed to them: 

(a) "Records" shall mean and include "hospital records" as defined in 
Section 41-9-61; however, a subpoena duces tecum for records shall not be 
deemed to include X-rays, electrocardiograms and like graphic matter unless 
specifically referred to in the subpoena; and 

(b) "Custodian" shall mean and include the health information admin- 
istrator or registered health information technician and the administrator or 
other chief officer of a duly licensed hospital in this state and its proprietor, 
as well as their deputies and assistants, and any other persons who are 
official custodians or depositories of records. The custodian shall abide, in all 
respects, to the federal Health Insurance Portability and Accountability Act 
of 1996 (HIPAA), notwithstanding any other state statute. 

154 



Regulation of Hospitals; Records § 41-9-103 

SOURCES: Codes, 1942, § 7146.3-01; Laws, 1971, ch. 375, § 1; Laws, 2005, ch. 
342, § 1, eff from and after July 1, 2005. 

Cross References — Regulation of hospitals, see §§ 41-9-1 et seq. 

Preparation, preservation and disposition of hospital records, see §§ 41-9-61 et seq. 

Evaluation and review of professional health services providers, see §§ 41-63-1 et 
seq. 

Federal Aspects — Federal Health Insurance Portability and Accountability Act of 
1996, see 42 USCS §§ 1320d et seq. 

JUDICIAL DECISIONS 

1. In general. doctors who had never seen or examined 

The privileged communications statute the patient. Reynolds v. West, 237 Miss, 

does not preclude testimony from and con- 613, 115 So. 2d 742 (1959). 
cerning a patient's hospital records, by 

RESEARCH REFERENCES 

ALR. Admissibility under business en- 22 Am. Jur. Proof of Facts 2d 1, Medical 

try statutes of hospital records in criminal Malpractice — Use of Hospital Records, 
cases. 69 A.L.R.3d 22. 38 Am. Jur. Proof of Facts 2d 145, Foun- 

Admissibility under Uniform Business dation for Admissibility of Hospital 

Records as Evidence Act or similar statute Records and X-rays. 

of medical report made by consulting phy- 5 Am. Jur. Trials, Introducing and 

sician to treating physician. 69 A.L.R.3d Marking Exhibits, §§ 21, 22. 
104. 6 Am. Jur. Trials, Basis of Medical Tes- 

Am Jur. 5 Am. Jur. PI & Pr Forms timony, § 29. 
(Rev), Captions, Prayers, and Formal 15 Am. Jur. Trials, Discovery and Eval- 

Parts, Form 779 (for discovery — clause — uation of Medical Records, §§ 1 et seq. 
oral and physical examination of plaintiff 36 Am. Jur. Trials 695, Obtaining, Or- 

— for examination of hospital records). ganizing and Abstracting Medical Records 

6 Am. Jur. Proof of Facts, Hospital for Use in a Lawsuit. 
Records, Proof No. 2 (foundation for ad- Practice References. Young, Trial 

mission of records required by statute to Handbook for Mississippi Lawyers 

be kept). § 24:16. 

§ 41-9-103. Furnishing copies of records in compliance with 
subpoenas. 

Except as hereinafter provided, when a subpoena duces tecum is served 
upon a custodian of records of any hospital duly licensed under the laws of this 
state in an action or proceeding in which the hospital is neither a party nor the 
place where any cause of action is alleged to have arisen and such subpoena 
requires the production of all or any part of the records of the hospital relating 
to the care or treatment of a patient in such hospital, it shall be sufficient 
compliance therewith if the custodian or other officer of the hospital shall, on 
or before the time specified in the subpoena duces tecum, file with the court 
clerk or the officer, body or tribunal conducting the hearing, a true and correct 
copy (which may be a copy reproduced on film or other reproducing material by 
microfilming, photographing, photostating or other approximate process, or a 

155 



§ 41-9-105 Public Health 

facsimile, exemplification or copy of such reproduction or copy) of all records 
described in such subpoena. 

SOURCES: Codes, 1942, § 7146.3-02; Laws, 1971, ch. 375, § 2, eff from and after 
passage (approved March 16, 1971). 

Cross References — Subpoena duces tecum, see § 11-1-51. 
Licensing of hospitals, see § 41-9-11. 

Reproductions and copies of hospital records, see § 41-9-77. 
Affidavit of custodian, see § 41-9-109. 

JUDICIAL DECISIONS 

1. In general. tained in Code 1942, § 7126.3-05 was not 
The procedure for the acquisition, iden- supplied and the defendant failed to state 
tification and admission of hospital for what purpose the introduction of these 
records is set forth in Code 1942, records would serve, or otherwise estab- 
§§ 7146.3-02 to 7146.3-08. Jolly v. State, lish their relevance, they were properly 
269 So. 2d 650 (Miss. 1972). excluded as evidence by the trial court. 
Although the defendant, charged with Jolly v. State, 269 So. 2d 650 (Miss. 1972). 
manslaughter, procured the issuance of a The privileged communications statute 
subpoena duces tecum to custodian of does not preclude testimony from and con- 
records of the University of Mississippi cerning a patient's hospital records, by 
Medical Center Hospital as required by doctors who had never seen or examined 
Code 1942, § 7146.3-02, where the affida- the patient. Reynolds v. West, 237 Miss. 
vit setting forth the various criteria con- 613, 115 So. 2d 742 (1959). 

RESEARCH REFERENCES 

ALR. Admissibility under state law of 38 Am. Jur. Proof of Facts 2d 145, Foun- 
hospital record relating to intoxication or dation for Admissibility of Hospital 
sobriety of patient. 80 A.L.R.3d 456. Records and X-rays. 

Medical malpractice: presumption or in- S6 Am. Jur. Trials 695, Obtaining, Or- 
ference from failure of hospital or doctor gan i z i ng and Abstracting Medical Records 
to produce relevant medical records. 69 f or Tj se m a Lawsuit 
A.L.R.4th 906. 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 
Medical Malpractice — Use of Hospital 
Records. 

§ 41-9-105. Sealing, identification and direction of copies. 

The copy of the records shall be separately enclosed in an inner-envelope 
or wrapper, sealed, with the title and number of the action, name of witness 
and date of subpoena clearly inscribed thereon. The sealed envelope or 
wrapper shall then be enclosed in an outer-envelope or wrapper, sealed, and 
directed as follows: 

If the subpoena directs attendance in court, to the clerk of such court or to 
the judge thereof; if the subpoena directs attendance at a deposition, to the 
officer before whom the deposition is to be taken, at the place designated in the 
subpoena for the taking of the deposition or at his place of business; in other 
cases, to the officer, body or tribunal conducting the hearing, at a like address. 

156 



Regulation of Hospitals; Records § 41-9-107 

SOURCES: Codes, 1942, § 1746.3-03; Laws, 1971, ch. 375, § 3, eff from and after 
passage (approved March 16, 1971). 

Cross References — Accompanying affidavit of custodian, see § 41-9-109. 

JUDICIAL DECISIONS 

1. In general. records is set forth in Code 1942, 

The procedure for the acquisition, iden- §§ 7146.3-02 to 7146.3-08. Jolly v. State, 
tification and admission of hospital 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 

Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

§ 41-9-107. Opening of sealed envelopes. 

Unless the sealed envelope or wrapper is returned to a witness who is to 
appear personally, the copy of the records shall remain sealed and shall be 
opened only at the time of trial, deposition, or other hearing, upon the direction 
of the judge, court, officer, body, or tribunal conducting the proceeding, in the 
presence of all parties who have appeared in person or by counsel at such trial, 
deposition or hearing. Before directing that such inner-envelope or wrapper be 
opened, the judge, court, officer, body, or tribunal shall first ascertain that 
either (1) the records have been subpoenaed at the instance of the patient 
involved or his counsel of record, or (2) the patient involved or someone 
authorized in his behalf to do so for him has consented thereto and waived any 
privilege of confidence involved. Records which are not introduced in evidence 
or required as part of the record shall be returned to the person or entity from 
whom received. 

The provisions of this section shall not apply in (a) a Workers' Compensa- 
tion proceeding if the pertinent record is the record of the claimant therein or 
a claimant's decedent; or (b) physician or podiatrist disciplinary proceedings 
pursuant to Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 
73-25-81 through 73-25-95 or 73-27-1 through 73-27-19, Mississippi Code of 
1972. 

SOURCES: Codes, 1942, §§ 7146.3-04, 7146.3-09; Laws, 1971, ch. 375, §§ 4, 9; 
Laws, 1987, ch. 500, § 3, eff from and after July 1, 1987. 

Cross References — Privileged communications, see § 13-1-21. 
Admissibility of copies of hospital records, see § 41-9-77. 

Confidentiality and inspection of hospital records of civilly committed patients, see 
§ 41-21-97. 

157 



§ 41-9-109 Public Health 

JUDICIAL DECISIONS 

1. In general. records is set forth in Code 1942, 

The procedure for the acquisition, iden- §§ 7146.3-02 to 7146.3-08. Jolly v. State, 
tification and admission of hospital 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 
Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

§ 41-9-109. Affidavit of custodian as to copies; charges. 

The records shall be accompanied by an affidavit of a custodian stating in 
substance: (a) that the affiant is a duly authorized custodian of the records and 
has authority to certify said records, (b) that the copy is a true copy of all the 
records described in the subpoena, (c) that the records were prepared by the 
personnel of the hospital, staff physicians, or persons acting under the control 
of either, in the ordinary course of hospital business at or near the time of the 
act, condition or event reported therein, and (d) certifying the amount of the 
reasonable charges of the hospital for furnishing such copies of the record. If 
the hospital has none of the records described, or only part thereof, the 
custodian shall so state in the affidavit and file the affidavit and such records 
as are available in the manner described in Sections 41-9-103, 41-9-105. The 
filing of such affidavit with respect to reasonable charges shall be sufficient 
proof of such expense, which shall be taxed as costs of court. 

SOURCES: Codes, 1942, § 7146.3-05; Laws, 1971, ch. 375, § 5, efffrom and after 
passage (approved March 16, 1971). 

JUDICIAL DECISIONS 

1. In general. Medical Center Hospital as required by 
The procedure for the acquisition, iden- Code 1942, § 7146.3-02, where the affida- 
tification and admission of hospital vit setting forth the various criteria con- 
records is set forth in Code 1942, tained in Code 1942, § 7126.3-05 was not 
§§ 7146.3-02 to 7146.3-08. Jolly v. State, supplied and the defendant failed to state 
269 So. 2d 650 (Miss. 1972). for what purpose the introduction of these 
Although the defendant, charged with records would serve, or otherwise estab- 
manslaughter, procured the issuance of a lish their relevance, they were properly 
subpoena duces tecum to custodian of excluded as evidence by the trial court, 
records of the University of Mississippi Jolly v. State, 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 38 Am. Jur. Proof of Facts 2d 145, Foun- 

Medical Malpractice — Use of Hospital dation for Admissibility of Hospital 
Records. Records and X-rays. 

158 



Regulation of Hospitals; Records § 41-9-115 

36 Am. Jur. Trials 695, Obtaining, Or- 
ganizing and Abstracting Medical Records 
for Use in a Lawsuit. 

§ 41-9-111. Repealed. 

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991. 
[Codes, 1942, § 7146.3-06; Laws, 1971, ch. 375, § 6] 

Editor's Note — Former § 41-9-111 pertained to the admissibility of copies and 
affidavits. 

§ 41-9-113. Obtaining personal attendance of custodian. 

The personal attendance of the custodian shall be required if the subpoena 
duces tecum contains a clause which reads: 

"The procedure authorized pursuant to Section 41-9-103 will not be 
deemed sufficient compliance with this subpoena." 

SOURCES: Codes, 1942, § 7146.3-07; Laws, 1971, ch. 375, § 7, eff from and after 
passage (approved March 16, 1971). 

Cross References — Subpoena duces tecum, see § 11-1-51. 

JUDICIAL DECISIONS 

1. In general. records is set forth in Code 1942, 

The procedure for the acquisition, iden- §§ 7146.3-02 to 7146.3-08. Jolly v. State, 
tification and admission of hospital 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 

Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- Practice References. Young, Trial 

dation for Admissibility of Hospital Handbook for Mississippi Lawyers 

Records and X-rays. § 24:16. 

§ 41-9-115. Obtaining personal attendance of custodian and 
production of original record. 

The personal attendance of the custodian and the production of the 
original record shall be required if the subpoena duces tecum contains a clause 
which reads: 

"Original records are required, and the procedure authorized pursuant to 
Section 41-9-103 will not be deemed sufficient compliance with this subpoena." 

SOURCES: Codes, 1942, § 7146.3-08; Laws, 1971, ch. 375, § 8, eff from and after 
passage (approved March 16, 1971). 

Cross References — Subpoena duces tecum, see § 11-1-51. 

159 



§ 41-9-117 Public Health 

JUDICIAL DECISIONS 

1. In general. records is set forth in Code 1942, 

The procedure for the acquisition, iden- §§ 7146.3-02 to 7146.3-08. Jolly v. State, 
tification and admission of hospital 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 
Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

§ 41-9-117. Substitution of copies after introduction of 
records into evidence. 

In view of the property right of the hospital in its records, original records 
may be withdrawn after introduction into evidence and copies substituted, 
unless otherwise directed for good cause by the court, judge, officer, body, or 
tribunal conducting the hearing. The custodian may prepare copies of original 
records in advance of testifying for the purpose of making substitution of the 
original record, and the reasonable charges for making such copies shall be 
taxed as costs of court. If copies are not prepared in advance, they can be made 
and substituted at any time after introduction of the original record, and the 
reasonable charges for making such copies shall be taxed as costs of court. 

SOURCES: Codes, 1942, § 7146.3-08; Laws, 1971, ch. 375, § 8, eff from and after 
passage (approved March 16, 1971). 

JUDICIAL DECISIONS 

1. In general. records is set forth in Code 1942, 

The procedure for the acquisition, iden- §§ 7146.3-02 to 7146.3-08. Jolly v. State, 
tification and admission of hospital 269 So. 2d 650 (Miss. 1972). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 

Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 
Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

§ 41-9-119. Evidence of reasonableness of medical expenses. 

Proof that medical, hospital, and doctor bills were paid or incurred because 
of any illness, disease, or injury shall be prima facie evidence that such bills so 
paid or incurred were necessary and reasonable. 

160 



Regulation of Hospitals; Records 



§ 41-9-119 



SOURCES: Codes, 1942, § 7146.3-10; Laws, 1971, ch. 375, § 10, eff from and after 
passage (approved March 16, 1971). 

JUDICIAL DECISIONS 



1. In general. 

2. Rebuttal of reasonableness and neces- 

sity. 

1. In general. 

Although Miss. Code Ann. § 41-9-119 
creates a presumption that proof of medi- 
cal bills acts as prima facie evidence of 
their reasonableness and necessity, the 
presumption is rebuttable and the ulti- 
mate determination is for the finder of fact 
to make. Additionally, a finding that med- 
ical bills are reasonable and necessary 
does not equate to a finding that those 
bills were incurred as a result of a defen- 
dant's negligence. Callahan v. Ledbetter, 
992 So. 2d 1220 (Miss. Ct. App. 2008). 

In the father's petition to clarify his 
child support obligations, the chancellor's 
finding that counseling for his sons was 
not medically necessary was appropriate 
even though the mother had submitted 
the bill into evidence because the father 
further established that the boys only 
went to counseling one time and that the 
doctor did not order any follow-up treat- 
ment. Wilkerson v. Wilkerson, 955 So. 2d 
903 (Miss. Ct. App. 2007). 

In an insurance dispute, the insurer's 
motion in limine to prohibit the introduc- 
tion of plaintiff's unauthenticated medical 
records was denied because plaintiff, who 
would testify as to the authenticity of the 
records, was able to make a showing that 
would allow the jury to conclude that her 
medical bills and records were authentic. 
Simpson v. Econ. Premier Assur. Co., — F. 
Supp. 2d — , 2006 U.S. Dist. LEXIS 64603 
(N.D. Miss. Sept. 8, 2006). 

Miss. Code Ann. § 41-9-119 dictated 
that the decedent's medical bills were 
prima facie evidence of their necessity and 
reasonableness, and the opposing party 
may rebut the necessity and reasonable- 
ness of the bills, thereby leaving the ulti- 
mate determination to the jury; in light of 
the medical testimony, the appellate court 
did not agree that the verdict regarding 
the medical bills was the product of bias 
and passion, and denied additur to the 



estate administrator. In re Estate of 
Guillory v. McGee, 922 So. 2d 823 (Miss. 
Ct. App. 2006). 

Miss. Code Ann. § 41-9-119 is widely 
used in state court proceedings to permit 
the authentication of medical records; 
while the statute deals, on its face, with 
the evidentiary weight to be given to the 
evidence, it is often used to authenticate 
evidence as well. Simpson v. Econ. Pre- 
mier Assur. Co., — F. Supp. 2d — , 2006 
U.S. Dist. LEXIS 64603 (N.D. Miss. Sept. 
8, 2006). 

Miss. Code Ann. § 41-9-119 does not 
require evidence of reasonableness of 
medical expenses before medical bills be- 
come admissible; therefore, a trial court 
erred by holding that an insurer was re- 
quired to have doctors testify as to the 
reasonableness of certain expenses prior 
to admitting them into evidence. Alfa Mut. 
Ins. Co. v. Cascio, 909 So. 2d 174 (Miss. Ct. 
App. 2005). 

Trial court did not err in refusing to 
allow plaintiff to testify concerning her 
medical bills pursuant to Miss. Code Ann. 
§ 41-9-119 because plaintiff's daughter 
was treated for diabetes and other medi- 
cal conditions unrelated to an allegedly 
negligent intubation, and would have in- 
curred most of the medical bills at issue 
regardless of any negligence by the doctor 
or hospital. Kent v. Baptist Mem'l Hosp. - 
N. Miss., Inc., 853 So. 2d 873 (Miss. Ct. 
App. 2003). 

An award of zero damages in a motor 
vehicle accident case was affirmed since, 
even if proof that the plaintiff incurred 
medical bills was prima facie evidence 
that the bills were necessary and reason- 
able, the statute did not mandate a find- 
ing that those medical bills were incurred 
as a result of the accident in question. 
Herring v. Poirrier, 797 So. 2d 797 (Miss. 
2000). 

In order for a claimant to introduce 
evidence to support a claim against an 
estate for medical expenses upon contest, 
the claimant may proceed under § 41-9- 
119, but to do this, he or she must be 



161 



§ 41-9-119 



Public Health 



allowed to go into court to present the bills 
incurred and to testify for what purpose 
they were incurred. Since a summary 
judgment, by its nature, disposes of a case 
before a trial is commenced, summary 
judgment practice under Rule 56, Miss. R. 
Civ. P. is inapplicable in contests of pro- 
bated claims because it is inconsistent 
with the statutory procedure which neces- 
sitates that a claimant enter court to 
introduce evidence in support of his or her 
claim and permits a personal representa- 
tive to rebut the claim. Thus, the proce- 
dure for summary judgment is not appli- 
cable to dispose of claims made under 
§ 91-7-149. Biloxi Regional Medical Ctr., 
Inc. v. Estate of Ross, 546 So. 2d 667 
(Miss. 1989). 

Documents were properly admitted into 
evidence which provided proof of expenses 
incurred as result of treatment for injuries 
sustained in accident, where documents 
submitted gave general descriptions of 
services necessitating fees. Stratton v. 
Webb, 513 So. 2d 587 (Miss. 1987). 

Bills and prescription receipts evidenc- 
ing charges made for medical and dental 
treatment furnished to children provide 
prima facie showing, in accordance with 
§ 41-9-119, in child support proceeding, 
that medical and dental expenses repre- 
sented by bills are reasonable in amount 
and were necessarily incurred. Clements 
v. Young, 481 So. 2d 263 (Miss. 1985). 

Any medical or dental condition, 
present at birth or thereafter caused, is 
"illness, disease or injury" within meaning 
of § 41-9-119. Clements v. Young, 481 So. 
2d 263 (Miss. 1985). 

Under § 41-9-119, when a party takes 
the witness stand, exhibits bills for exam- 
ination by the court, and testifies that the 
bills were incurred as a result of the 
injuries complained of, they become prima 
facie evidence that the bills so paid or 
incurred were necessary and reasonable; 
however, the opposing party may, if de- 
sired, rebut the necessity and reasonable- 
ness of the bills by proper evidence and 
the ultimate question is then for the jury 
to determine. Jackson v. Brumfield, 458 
So. 2d 736 (Miss. 1984). 

2. Rebuttal of reasonableness and ne- 
cessity. 

Under Miss. Code Ann. § 41-9-119, 
when plaintiff customer took the witness 



stand and exhibited his medical bills for 
examination by the court and testified 
that they were incurred as a result of the 
injuries complained of, they became prima 
facie evidence and triggered the presump- 
tion that the bills so paid or incurred were 
necessary and reasonable; however, de- 
fendant restaurant operator could have, if 
it so desired, rebutted the necessity and 
reasonableness of the bills by proper evi- 
dence. Because Miss. Code Ann. § 41-9- 
119, via Fed. R. Evid. 302, applied in this 
case, the customer's medical bills were 
properly admitted. Foradori v. Harris, 523 
F.3d 477 (5th Cir. 2008). 

In a personal injury case, the court 
properly denied plaintiff's request for ad- 
ditur because she did not conclusively 
prove that the medical bills in question 
were incurred as a result of her injury; the 
only bills that were uncontested were 
those that plaintiff incurred immediately 
after the accident, which related to 
bruises to her knees and other minor 
injuries, and virtually every other injury, 
both physical and mental, was strongly 
contested by the defendants' expert wit- 
nesses and other evidence. Walker v. 
Gann, 955 So. 2d 920 (Miss. Ct. App. 
2007). 

Husband's proof that he had paid or 
incurred medical, hospital, and doctor 
bills because of injury he sustained when 
catheter guide wire broke off in his artery 
while the doctor was performing surgery 
was prima facie evidence that such bills 
were necessary and reasonable and the 
doctor did not overcome such evidence 
with his own evidence that the bills in- 
curred were not reasonable and necessary. 
Purdon v. Locke, 807 So. 2d 373 (Miss. 
2001). 

Notwithstanding the statute, an oppos- 
ing party may rebut the necessity and 
reasonableness of medical bills and the 
ultimate question is for the jury to deter- 
mine. Herring v. Poirrier, 797 So. 2d 797 
(Miss. 2000). 

The defendant failed to rebut the rea- 
sonableness and necessity of the plain- 
tiff's medical bills, where she offered no 
evidence and chose instead to rely upon 
her argument that she impeached both 
the plaintiff's and the plaintiff's physi- 
cian's testimony; while notations in the 



162 



Regulation of Hospitals; Records § 41-9-205 

medical records may have cast doubt on the necessity of the medical treatment, 
the extent of the plaintiff's pain and suf- Hubbard v. Canterbury, 805 So. 2d 545 
fering, those notations did not invalidate (Miss. Ct. App. 2000). 

RESEARCH REFERENCES 

Am Jur. 22 Am. Jur. Proof of Facts 2d 1, 36 Am. Jur. Trials 695, Obtaining, Or- 
Medical Malpractice — Use of Hospital ganizing and Abstracting Medical Records 
Records. for Use in a Lawsuit. 

38 Am. Jur. Proof of Facts 2d 145, Foun- 
dation for Admissibility of Hospital 
Records and X-rays. 

RURAL HOSPITAL FLEXIBILITY ACT 

Sec. 

41-9-201. Short title. 

41-9-203. State policy. 

41-9-205. Definitions. 

41-9-207. State rural health-care plan. 

41-9-209. Designation as a critical access hospital. 

41-9-210. Critical access hospitals authorized to bank licensed hospital acute care 

beds; banked beds may be relicensed without certificate of need. 

41-9-211. Formation of a rural health network not subject to antitrust laws. 

41-9-213. Rules and regulations. 

41-9-215. Insurance and other coverage to provide benefits for services performed 

by critical access hospitals. 

41-9-217. Additional personnel. 

§ 41-9-201. Short title. 

This article is entitled and may be cited as the Mississippi Rural Hospital 
Flexibility Act of 1998. 

SOURCES: Laws, 1998, ch. 476, § 1, eff from and after passage (approved 
March 26, 1998). 

§ 41-9-203. State policy. 

It is the policy of the State of Mississippi to provide improved access to 
hospital and other health services for rural residents of the State of Mississippi 
and to promote regionalization of rural health services in Mississippi. 

SOURCES: Laws, 1998, ch. 476, § 2, eff from and after passage (approved 
March 26, 1998). 

§ 41-9-205. Definitions. 

When used in this article, the following definitions shall apply, unless the 
context indicates otherwise: 

(a) "Act" means the Mississippi Rural Hospital Flexibility Act of 1998. 

163 



§ 41-9-207 Public Health 

(b) "Critical access hospital" means a hospital which has been desig- 
nated as a critical access hospital by the department in accordance with the 
Medicare Rural Hospital Flexibility Program, as provided for in Section 4201 
of the Balanced Budget Act of 1997, Public Law 105-33, and which has 
entered into an agreement with at least one (1) full-service hospital to form 
a rural health network. The agreement or agreements must include provi- 
sions regarding patient referral and transfer, communications and patient 
transportation. A critical access hospital in a rural health network must also 
have an agreement for credentialing and quality assurance with at least one 
(1) hospital that is a member of the rural health network, or with a peer 
review organization or equivalent entity, or with another appropriate and 
qualified entity identified in the rural health-care plan for the State of 
Mississippi. 

(c) "Department" means the Department of Health for the State of 
Mississippi. 

(d) "Rural health network" means an organization consisting of at least 
one (1) critical access hospital and at least one (1) full-service hospital, the 
members of which have entered into certain agreements regarding patient 
referral and transfer, the development and use of communications systems 
and the provision of emergency and nonemergency transportation. 

(e) "State rural health-care plan" means Mississippi's rural health-care 
plan that (i) provides for the creation of one or more rural health networks, 
consisting of at least one (1) critical access hospital and at least one (1) 
full-service hospital, (ii) promotes regionalization of rural health services in 
Mississippi, and (iii) improves access to hospitals and other health services 
for rural residents of Mississippi. 

SOURCES: Laws, 1998, ch. 476, § 3, eff from and after passage (approved 
March 26, 1998). 

Federal Aspects — The Medicare Rural Hospital Flexibility Program, as provided 
for in § 4201 of the Balanced Budget Act of 1997, Public Law 105-33, is codified at 42 
USCS § 1395i-4. 

§ 41-9-207. State rural health-care plan. 

(1) The department is hereby authorized, in accordance with the Medi- 
care Rural Hospital Flexibility Program, as authorized by Section 4201 of the 
Balanced Budget Act of 1997, Public Law 105-33, to develop for the State of 
Mississippi a state rural health-care plan that (a) provides for the creation of 
one or more rural health networks in Mississippi; (b) promotes regionalization 
of rural health services in Mississippi; and (c) improves access to hospitals and 
other health services for rural residents of Mississippi. 

(2) The state rural health-care plan shall be developed in consultation 
with the Mississippi Hospital Association, the Executive Director of the 
Mississippi Board of Supervisors, or his designee, and rural hospitals located 
in Mississippi. 

164 



Regulation of Hospitals; Records § 41-9-209 

(3) In developing the state rural health-care plan, the department shall 
designate rural nonprofit or public hospitals or facilities located in Mississippi 
as critical access hospitals, which critical access hospitals must meet the 
criteria for such designation as set out in Section 4201 of the Balanced Budget 
Act of 1997. 

SOURCES: Laws, 1998, ch. 476, § 4, eff from and after passage (approved 
March 26, 1998). 

Federal Aspects — The Medicare Rural Hospital Flexibility Program, as provided 
for in § 4201 of the Balanced Budget Act of 1997, Public Law 105-33, is codified at 42 
USCS§ 1395i-4. 

§ 41-9-209. Designation as a critical access hospital. 

Any hospital is authorized to seek designation as a critical access hospital. 
Subject to federal law, there shall be no requirement or limitation regarding 
the distance that a critical access hospital must be located from another 
hospital. The bed-size limit for a critical access hospital is twenty-five (25) 
operational acute care beds, and the average maximum length of stay for 
patients in a critical access hospital is ninety-six (96) hours, unless a longer 
period is required because of inclement weather or other emergency conditions. 
In the event the critical access hospital is a swing bed facility, any of the 
twenty-five (25) acute care beds allowed in a critical access hospital may be 
used for the provision of extended care services or acute care inpatient services 
so long as the furnishing of such services does not exceed twenty-five (25) beds 
and so long as the hospital does not seek Medicaid reimbursement for more 
than fifteen (15) acute care inpatient beds. A critical access hospital (a) must 
make available twenty-four-hour emergency care services, as described in the 
state rural health-care plan, for ensuring access to emergency care services in 
the rural area served by the critical access hospital, and (b) must be a member 
of a rural health network. Any hospital that has a distinct-part skilled nursing 
facility, certified under Title XVIII of the federal Social Security Act, at the 
time it applies for designation as a critical access hospital, may continue its 
operation of the distinct-part skilled nursing facility and is not required to 
count the beds in the distinct-part skilled nursing facility for purposes of the 
allowed twenty-five (25) acute care inpatient beds. To the extent permitted 
under Section 41-7-171 et seq., a critical access hospital may establish a 
distinct-part psychiatric unit and a distinct-part rehabilitation unit, each of 
which must be certified under Title XVIII of the federal Social Security Act and 
each of which may consist of no more than ten (10) beds. No bed in the critical 
access hospital's distinct-part psychiatric unit or distinct-part rehabilitation 
unit shall be counted for purposes of the twenty-five (25) bed limitation. Each 
distinct-part unit in a critical access hospital must comply with all applicable 
state licensure laws and federal certification laws. 

SOURCES: Laws, 1998, ch. 476, § 5; Laws, 2004, ch. 329, § 1, eff from and after 
July 1, 2004. 

165 



§ 41-9-210 Public Health 

Federal Aspects — Title XVIII of the federal Social Security Act is codified at 42 
USCS §§ 1395 et seq. 

§ 41-9-210. Critical access hospitals authorized to bank li- 
censed hospital acute care beds; banked beds may be reli- 
censed without certificate of need. 

If a hospital seeks a new license from the department in order to be 
designated as a critical access hospital, the department shall maintain a record 
of the acute care beds of that hospital that have been delicensed as a result of that 
designation and continue counting those beds as part of the state's total acute 
care bed count for health care planning purposes. If a critical access hospital later 
desires to relicense some or all of its delicensed acute care beds, it shall notify the 
department of its intent to increase the number of its licensed acute care beds. 
The department shall survey the hospital within thirty (30) days of that notice 
and, if appropriate, issue the hospital a new license reflecting the new contingent 
of beds. That change may be accomplished without the need of the hospital to 
seek certificate of need approval under Section 41-7-171 et seq. However, in no 
event may a hospital that has delicensed some of its acute care beds in order to 
be designated as a critical access hospital be reissued a license to operate acute 
care beds in excess of its acute care bed count before the delicensure of some of its 
beds without seeking certificate of need approval. 

This section shall apply to all hospitals that are designated as critical 
access hospitals on July 1, 2003, and all hospitals that may become designated 
as critical access hospitals after July 1, 2003. 

SOURCES: Laws, 2003, ch. 393, § 1, eff from and after July 1, 2003. 

Cross References — Activities for which a certificate of need is required, see 
§ 41-7-191. 

§ 41-9-211. Formation of a rural health network not subj ect to 
antitrust laws. 

In forming an integrated network and in contracting for services, mem- 
bers of a rural health network and officers, agents, representatives, employees 
and directors of any member thereof shall be considered to be acting pursuant 
to clearly expressed state policy as established in Sections 41-9-201 through 
41-9-217 under the supervision of the State of Mississippi and shall not be 
subject to state or federal antitrust laws while so acting. 

SOURCES: Laws, 1998, ch. 476, § 6, eff from and after passage (approved 
March 26, 1998). 

§ 41-9-213. Rules and regulations. 

The department shall adopt, in accordance with Section 25-43-1 et seq., 
Mississippi Code of 1972, rules and regulations for the establishment and 

166 



Regulation of Hospitals; Records § 41-9-301 

operation of rural health networks, including the designation of critical access 
hospitals of rural areas and minimum standards, as necessary, for such critical 
access hospitals. 

SOURCES: Laws, 1998, ch. 476, § 7, eff from and after passage (approved 
March 26, 1998). 

Editor's Note — Section 25-43-1.101(3) provides that any reference to Section 
25-43-1 et seq. shall be deemed to mean and refer to Section 25-43-1.101 et seq. 

§ 41-9-215. Insurance and other coverage to provide benefits 
for services performed by critical access hospitals. 

Each individual and group policy of accident and sickness insurance, each 
contract issued by health maintenance organizations, and all coverage main- 
tained by an entity authorized under any article of Chapter 41, Title 83 of the 
Mississippi Code of 1972, shall provide benefits for services when performed by 
a critical access hospital if such services would be covered under such policies 
or contracts if performed by a full-service hospital. 

SOURCES: Laws, 1998, ch. 476, § 8, eff from and after passage (approved 
March 26, 1998). 

§ 41-9-217. Additional personnel. 

The department is hereby authorized to hire additional personnel to 
implement Sections 41-9-201 through 41-9-217 pursuant to specific appropria- 
tions to the department for such purposes. 

SOURCES: Laws, 1998, ch. 476, § 9, eff from and after passage (approved 
March 26, 1998). 

RURAL HEALTH AVAILABILITY ACT 

Sec. 

41-9-301. Short title. 

41-9-303. Legislative findings. 

41-9-305. Definitions. 

41-9-307. Cooperative agreements; application for certificate of public advantage; 

issuance of certificate; monitoring; revocation of certificate; termination 
or withdrawal from agreement; amendment of agreement; regulations. 

41-9-309. Judicial review. 

41-9-311. Certificates of need. 

§ 41-9-301. Short title. 

Sections 41-9-301 through 41-9-311 shall be known and may be cited as 
the "Rural Health Availability Act." 

SOURCES: Laws, 2004, ch. 462, § 1, eff from and after July 1, 2004. 

167 



§ 41-9-303 Public Health 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a publishing error. "Sections 41-9-301 through 41-9-311" was substituted for "this 
act." 

§ 41-9-303. Legislative findings. 

The Legislature finds and declares the following: 

(a) In rural areas, access to health care is limited and the quality of 
health care is adversely affected by inadequate reimbursement and collec- 
tion rates and difficulty in recruiting and retaining skilled health profes- 
sionals. 

(b) There is limited, if any, overlap in the geographic service areas of 
Mississippi rural hospitals. 

(c) Rural hospitals' financial stability is threatened by patient migra- 
tion to general acute care and specialty hospitals in urban areas. 

(d) The availability of quality health care in rural areas is essential to 
the economic and social viability of rural communities. 

(e) Cooperative agreements among rural hospitals would improve the 
availability and quality of health care for Mississippians in rural areas and 
enhance the likelihood that rural hospitals can remain open. 

SOURCES: Laws, 2004, ch. 462, § 2, eff from and after July 1, 2004. 

§ 41-9-305. Definitions. 

For the purposes of Sections 41-9-301 through 41-9-311, the following 
terms shall have the following meanings: 

(a) "Act" means the Rural Health Availability Act. 

(b) "Affected person," with respect to any application for a certificate of 
public advantage, means: 

(i) The applicant(s); 

(ii) Any person residing within the geographic service area of an 
applicant; 

(iii) Health-care purchasers who reimburse health-care facilities lo- 
cated in the geographic service area of an applicant; 

(iv) Any other person furnishing goods or services to, or in competi- 
tion with, an applicant; or 

(v) Any other person who has notified the department in writing of 
his interest in applications for certificates of public advantage and has a 
direct economic interest in the decision. 

Notwithstanding the foregoing, persons from other states who would 
otherwise be considered "affected persons" are not included, unless that 
other state provides for similar involvement of persons from Mississippi in a 
similar process in that state. 

(c) "Board" means the State Board of Health established under Section 
41-3-1. 

168 



Regulation of Hospitals; Records § 41-9-307 

(d) "Certificate of public advantage" means the formal written approval, 
including any conditions or modifications of a cooperative agreement by the 
department. 

(e) "Cooperative agreement" means a contract, business or financial 
arrangement, or any other activities or practices among two (2) or more rural 
hospitals for the sharing, allocation, or referral of patients; the sharing or 
allocation of personnel, instructional programs, support services and facili- 
ties, medical, diagnostic or laboratory facilities, procedures, equipment or 
other health-care services; the acquisition or merger of assets among or by 
two (2) or more rural hospitals, including agreements to negotiate jointly 
with respect to price or other competitive terms with suppliers. The term 
"cooperative agreement" includes any amendments thereto with respect to 
which a certificate of public advantage has been issued or applied for or with 
respect to which a certificate of public advantage is not required, unless the 
context clearly requires otherwise. 

(f) "Department" means the State Department of Health created under 
Section 41-3-15. 

(g) "Hospital" has the meaning set forth in Section 41-9-3. 

(h) "Rural area" means an area with a population density of less than 
one hundred (100) individuals per square mile; a municipality or county with 
a population of less than seven thousand five hundred (7,500) individuals; or 
an area defined by the most recent United States Census as rural. 

(i) "Rural hospital" means a private or community hospital having at 
least one (1) but no more than seventy-five (75) licensed acute-care beds that 
is located in a rural area. 

(j) "State" means the State of Mississippi. 

(k) "State Health Officer" means the State Health Officer elected by the 
State Board of Health under Section 41-3-5. 
The use of a singular term in this section includes the plural of that term, 
and the use of a plural term in this section includes the singular of that term, 
unless the context clearly requires another connotation. 

SOURCES: Laws, 2004, ch. 462, § 3, eff from and after July 1, 2004. 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a publishing error. "Sections 41-9-301 through 41-9-311" was substituted for "this 
act" in the introductory language. 

§ 41-9-307. Cooperative agreements; application for certifi- 
cate of public advantage; issuance of certificate; monitoring; 
revocation of certificate; termination or withdrawal from 
agreement; amendment of agreement; regulations. 

(1) A rural hospital and any corporation, partnership, joint venture or any 
other entity, all of whose principals are rural hospitals, may negotiate and 
enter into cooperative agreements with other such persons in the state, subject 

169 



§ 41-9-307 Public Health 

to receipt of a certificate of public advantage governing the agreement as 
provided in this act. 

(2) Parties to a cooperative agreement may apply to the department for a 
certificate of public advantage governing that cooperative agreement. The 
application must include an executed written copy of the cooperative agree- 
ment and describe the nature and scope of the cooperation in the agreement 
and any consideration passing to any party under the agreement. Within 
thirty (30) days of receipt of the application, the department may request 
additional information as may be necessary to complete the application. The 
applicant has thirty (30) days from the date of the request to submit the 
additional information. If the applicant fails to submit the requested informa- 
tion within the thirty-day period, or any extension of time granted by the 
department, the application is deemed withdrawn. The department may 
require an application fee from the submitting parties sufficient to cover the 
cost of processing the application. 

(3) The department shall review the application in accordance with the 
standards set forth in subsection (4) of this section. The department shall give 
notice of the application to members of the public who reside in the service 
areas of the applicant hospitals, which may be provided through newspapers of 
general circulation or public information channels. If requested by an affected 
person within thirty (30) days of the giving of the public notice, the department 
may hold a public hearing in accordance with the rules adopted by the board. 
The department shall grant or deny the application within sixty (60) days after 
receipt of a completed application or from the date of the public hearing, if one 
is held, and that decision, along with any conditions of approval, must be in 
writing and must set forth the basis for the decision. The department may 
establish conditions for approval that are reasonably necessary to ensure that 
the cooperative agreement and the activities engaged under it are consistent 
with the intent of this act and to ensure that the activity is appropriately 
supervised and regulated by the state. The department shall furnish a copy of 
the decision to the applicants and any affected persons who have asked in 
writing to be notified. 

(4) The department shall issue a certificate of public advantage for a 
cooperative agreement if it determines that: 

(a) Each of the parties to the cooperative agreement is a rural hospital 
or is a corporation, partnership, joint venture or other entity all of whose 
principals are rural hospitals; 

(b) The geographic service area of the rural hospitals who are parties to 
the agreement do not overlap significantly; and 

(c) The cooperative agreement is likely to result in one or more of the 
following benefits: 

(i) Enhancement of the quality of hospital and hospital-related care 
provided to Mississippi citizens; 

(ii) Preservation of hospital facilities and health care in rural areas; 

(hi) Gains in the cost-efficiency of services provided by the hospitals 
involved; 

170 



Regulation of Hospitals; Records § 41-9-307 

(iv) Encouragement of cost-sharing among the hospitals involved; 

(v) Improvements in the utilization of hospital resources and equip- 
ment; or 

(vi) Avoidance or reduction of duplication of hospital resources or 
expenses, including administrative expenses. 

(5) The department shall actively monitor and regulate agreements 
approved under this act and may request information whenever necessary to 
ensure that the agreements remain in compliance with the conditions of 
approval. The department may charge an annual fee to cover the cost of 
monitoring and regulating these agreements. During the time the certificate is 
in effect, a report on the activities under the cooperative agreement must be 
filed with the department every two (2) years. The department shall review the 
report in order to determine that the cooperative agreement continues to 
comply with the terms of the certificate of public advantage. 

(6) The department shall revoke a certificate of public advantage by 
giving written notice to each party to a cooperative agreement with respect to 
which the certificate is being revoked, if it finds that: 

(a) The cooperative agreement or activities undertaken by it are not in 
substantial compliance with the terms of the application or the conditions of 
approval; 

(b) The likely benefits resulting from the cooperative agreement no 
longer exist; or 

(c) The department's approval was obtained as a result of intentional 
material misrepresentation to the department or as the result of coercion, 
threats or intimidation toward any party to the cooperative agreement. 

(7) The department shall maintain on file all cooperative agreements for 
which certificates of public advantage remain in effect. A party to a cooperative 
agreement who terminates or withdraws from the agreement shall notify the 
department within fifteen (15) days of the termination or withdrawal. If all 
parties terminate their participation in the cooperative agreement, the depart- 
ment shall revoke the certificate of public advantage for the agreement. 

(8) The parties to a cooperative agreement with respect to which a 
certificate of advantage is in effect must notify the department of any proposed 
amendment to the cooperative agreement, including an amendment to add an 
additional party but excluding an amendment to remove or to reflect the 
withdrawal of a party, before the amendment takes effect. The parties must 
apply to the department for a certificate of public advantage governing the 
amendment and the department shall consider and rule on the application in 
accordance with the procedures applicable to cooperative agreements gener- 
ally 

(9) The department may promulgate rules and regulations in accordance 
with the Administrative Procedures Law as in effect from time to time to 
implement the provisions of this act, including any fees and application costs 
associated with the monitoring and oversight of cooperative agreements 
approved under this act. 

171 



§ 41-9-309 Public Health 

(10) A dispute among the parties to a cooperative agreement concerning 
its meaning or terms is governed by the principles of contract law or any other 
applicable law. 

SOURCES: Laws, 2004, ch. 462, § 4, eff from and after July 1, 2004. 

§ 41-9-309. Judicial review. 

Any applicant aggrieved by a decision of the department under this act 
shall be entitled to judicial review thereof in the Circuit Court of Hinds County, 
First Judicial District. In the review, the decision of the department shall be 
affirmed unless it is arbitrary, capricious, or it is not in compliance with this 
act. 

SOURCES: Laws, 2004, ch. 462, § 5, eff from and after July 1, 2004. 

§ 41-9-311. Certificates of need. 

Nothing in this act exempts hospitals from compliance with the provisions 
of Section 41-7-171 et seq. concerning certificates of need. 

SOURCES: Laws, 2004, ch. 462, § 6, eff from and after July 1, 2004. 



172 



CHAPTER 10 
Medical Records 

Sec. 

41-10-1. Willful or reckless placement of inaccurate information in patient's 

record; intentional alteration or destruction of patient's records; penal- 
ties. 

41-10-3. Heirs of decedents authorized to obtain copy of decedent's medical 

records under certain circumstances; termination of authorization. 

§ 41-10-1. Willful or reckless placement of inaccurate infor- 
mation in patient's record; intentional alteration or destruc- 
tion of patient's records; penalties. 

(1) Except as otherwise provided in subsection (3), a person, knowing that 
the information is misleading or inaccurate, shall not intentionally, willfully or 
recklessly place or direct another to place in a patient's medical record or chart 
misleading or inaccurate information regarding the diagnosis, care, treatment 
or cause of a patient's condition. A violation of this subsection is punishable as 
follows: a person who intentionally or willfully or recklessly violates this 
subsection is guilty of a misdemeanor, punishable by imprisonment for not 
more than one (1) year, or a fine of not more then One Thousand Dollars 
($1,000.00), or both. 

(2) Except as otherwise provided in subsection (3), a person shall not 
intentionally or willfully alter or destroy or direct another to alter or destroy a 
patient's medical records or charts for the purpose of concealing his or her 
responsibility for the patient's injury, sickness or death. A person who violates 
this subsection is guilty of a misdemeanor punishable by imprisonment for not 
more than one (1) year, or a fine of not more than One Thousand Dollars 
($1,000.00), or both. 

(3) Subsections (1) and (2) do not apply to either of the following: 

(a) Destruction of a patient's original medical record or chart if all of the 
information contained in or on the medical record or chart is otherwise 
retained by means of mechanical or electronic recording, chemical reproduc- 
tion, or other equivalent techniques that accurately reproduce all of the 
information contained in or on the original. 

(b) Supplementation of information or correction of an error in a 
patient's medical record or chart in a manner that reasonably discloses that 
the supplementation or correction was performed and that does not conceal 
or alter prior entries. 

SOURCES: Laws, 2001, ch. 603, § 12, eff from and after July 1, 2001. 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violations, see § 99-19-73. 



173 



§ 41-10-3 Public Health 

§ 41-10-3. Heirs of decedents authorized to obtain copy of 
decedent's medical records under certain circumstances; 
termination of authorization. 

(1) The following words and phrases shall have the meanings ascribed in 
this section unless the context clearly indicates otherwise: 

(a) "Heir" means any person who is entitled to a distribution from the 
estate of an intestate decedent, or a person who would be entitled to a 
distribution from the estate of a testate decedent if that decedent had died 
intestate. 

(b) "Medical records" means any communications related to a patient's 
physical or mental health or condition that are recorded in any form or 
medium and that are maintained for purposes of patient diagnosis or 
treatment, including communications that are prepared by a health-care 
provider or by other providers. The term does not include (i) materials that 
are prepared in connection with utilization review, peer review or quality 
assurance activities, or (ii) recorded telephone and radio communications to 
and from a publicly operated emergency dispatch office relating to requests 
for emergency services or reports of suspected criminal activity; however, the 
term includes communications that are recorded in any form or medium 
between emergency medical personnel and medical personnel concerning 
the diagnosis or treatment of a patient. 

(2) Where no executor or administrator has been appointed by a chancery 
court of competent jurisdiction regarding the probate or administration of the 
estate of a decedent, any heir of the decedent shall be authorized to act on 
behalf of the decedent solely for the purpose of obtaining a copy of the 
decedent's medical records. The authority shall not extend to any other 
property rights relating to the decedent's estate. 

(3) A custodian of medical records may provide a copy of the decedent's 
medical records to an heir upon receipt of an affidavit by the heir stating that 
he or she meets the requirements of this section and that no executor or 
administrator has been appointed by a chancery court with respect to the 
estate of the decedent. 

(4) The authority of the heir to act on behalf of the decedent shall terminate 
upon the appointment of an executor or administrator to act on behalf of the 
estate of the decedent. However, the custodian of medical records shall be entitled 
to rely upon the affidavit of the heir until the custodian of medical records 
receives written notice of the appointment of an executor or administrator. 

(5) A custodian of medical records shall not be required to provide more 
than three (3) heirs with a copy of the decedent's medical records before the 
appointment of an executor or administrator. 

(6) The provisions of this section shall not prohibit an executor or 
administrator from requesting and receiving the medical records of a decedent 
after his or her appointment. 

SOURCES: Laws, 2009, ch. 524, § 1, eff from and after July 1, 2009. 
174 



CHAPTER 11 

State Charity Hospitals; Mississippi Children's Rehabilitation 

Center 

In General 41-11-1 

South Mississippi State Hospital. [Repealed] 

Matty Hersee Hospital. [Repealed] 

Diagnostic and Treatment Center. [Repealed] 

Mississippi Children's Rehabilitation Center 41-11-101 

IN GENERAL 

Sec. 

41-11-1 through 41-11-5. Repealed. 

41-11-7. Certain counties and municipalities authorized to make appropriations 

to University of Mississippi Medical Center. 
41-11-9. Repealed. 

41-11-11. Closure of Kuhn Memorial State Hospital, South Mississippi State 

Hospital, and Matty Hersee Hospital; procedures. 

§§ 41-11-1 through 41-11-5. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 
§ 41-11-1. [Codes, Hemingway's 1917, § 3966; 1930, § 4610; 1942, 
§ 6965; Laws, 1912, ch. 166; Laws, 1922, ch. 246] 

§ 41-11-3. [Codes, 1930, § 4612; 1942, § 6967; Laws, 1924, ch. 307] 
§ 41-11-5. [Codes, 1930, § 4613; 1942, § 6968; Laws, 1924, ch. 307] 

Editor's Note — Former § 41-11-1 pertained to admission of patients into charity 
hospital. 

Former § 41-11-3 directed the board of trustees to prescribe terms of admission. 
Former § 41-11-5 required the superintendent to keep account of cost of treatment. 

§ 41-11-7. Certain counties and municipalities authorized to 
make appropriations to University of Mississippi Medical 
Center. 

In all counties and municipalities whose residents use the facilities of the 
University of Mississippi Medical Center, the board of supervisors is hereby 
authorized and empowered, in its discretion, to make an unlimited annual 
appropriation to the Medical Center, and the governing authorities of the 
municipality are hereby authorized and empowered, in their discretion, to 
make an unlimited annual appropriation to the Medical Center. The funds 
thus appropriated by the county and by the municipality for the added 
maintenance and support of the Medical Center shall be paid from the General 
Fund of the county and the municipality, and the amount thus appropriated by 
the county and by the municipality may be paid in monthly installments for 
the use and benefit of the Medical Center. 

175 



§ 41-11-9 Public Health 

SOURCES: Codes, 1942, §§ 2998.5, 2998.7; Laws, 1950, ch. 297; Laws, 1958, ch. 
358; Laws, 1979, ch. 400, § 1; Laws, 1989, ch. 527, § 2, eff from and after 
June 30, 1989. 

Cross References — University of Mississippi medical Center, see §§ 37-115-41 et 
seq. 

§ 41-11-9. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 
[Codes, Hemingway's 1917, § 3966; 1930, §§ 4610, 4611; 1942, §§ 6965, 
6966; Laws, 1912, ch. 166; Laws, 1922, ch. 246] 

Editor's Note — Former § 41-11-9 provided penalties for violations as to admis- 
sions. 

§ 41-11-11. Closure of Kuhn Memorial State Hospital, South 
Mississippi State Hospital, and Matty Hersee Hospital; pro- 
cedures. 

(1) From and after July 1, 1989, the Kuhn Memorial State Hospital at 
Vicksburg, the South Mississippi State Hospital at Laurel, and the Matty 
Hersee Hospital at Meridian shall be closed, and the Legislature shall not 
appropriate any funds for the operation of those hospitals after that date. For 
each such hospital for which title to the hospital buildings and the land upon 
which they are located remains in the State of Mississippi after closure of the 
hospital, except for any part thereof which has been previously leased to a 
political subdivision or which is used by another state agency or department, 
the Governor's Office of General Services, Bureau of Building, Grounds and 
Real Property Management, shall be authorized to sell and transfer title to 
each of such hospital buildings and such land to any individual, corporation or 
other entity for an amount not less than the fair market value thereof as 
determined by three (3) real estate appraisers. However, prior to any such sale, 
the Office of General Services shall publish notice of its intention to sell the 
same in a newspaper of general circulation in the county in which the property 
is located and in Hinds County, Mississippi, and in such publication shall 
solicit requests for proposals for the use of such property by agencies, 
departments or political subdivisions of the State of Mississippi. If proposals 
are received, the Office of General Services shall review the proposals to 
determine if any proposed use of the property, both real and personal, will 
reasonably be used to provide a needed service not presently provided by the 
State of Mississippi or by a political subdivision thereof. If the Office of General 
Services determines that such needed service may be provided by another 
state agency, department or political subdivision, it shall transfer title to the 
real and personal property, as may be needed, to such agency, department or 
political subdivision subject to any leases or uses of the property by another 
state agency, department or political subdivision. If no proposals are received, 



176 



State Charity Hospitals § 41-11-11 

the Office of General Services may proceed with the sale of the property as 
provided above in this subsection. The Office of General Services shall submit 
to the Governor and the Legislature a copy of all proposals received and a 
detailed statement and explanation of its decision to transfer or not transfer 
such property no later than October 1, 1989. Any funds received from the sale 
of such buildings and land shall be paid into the State General Fund. 

(2) Any equipment and supplies of such hospitals which cannot be used by 
any transferee agency, department or political subdivision and which may be 
used by the University Medical Center or any other agency or institution of the 
state shall be offered to the Medical Center and other state agencies and 
institutions, and may be given to any such agency or institution desiring the 
same upon request, at no charge. If the same equipment or supplies are 
requested by more than one (1) agency or institution, the State Fiscal 
Management Board shall determine which agency or institution will be given 
the equipment or supplies being requested. Any equipment and supplies 
remaining after being offered to the state agencies and institutions shall be 
sold by the Fiscal Management Board after advertising for bids thereon. Any 
funds received from the sale of such equipment and supplies shall be paid into 
the State General Fund. 

(3) None of such hospitals shall admit any person as an inpatient into the 
hospital after June 15, 1989. Each of the hospitals shall make every effort to 
locate and make arrangements with hospitals or other appropriate institutions 
to provide treatment and care to any patients who will continue to need 
treatment and care after June 30, 1989. 

(4) Any monies owed to such hospitals but not collected by June 30, 1989, 
including, but not limited to payments from Medicare, health or hospitaliza- 
tion insurance, other third parties, or from the patient or his family or estate, 
shall be paid to the Fiscal Management Board, which shall transfer all such 
monies received into the State General Fund. Any valid debts or other 
obligations of such hospitals incurred before July 1, 1989, which have not been 
paid or finally satisfied by June 30, 1989, including any that were not billed to 
the hospitals until after June 30, 1989, shall remain an obligation of the state 
and shall be paid by the Fiscal Management Board from funds appropriated for 
such purpose. Any ending cash balance of any such hospital on June 30, 1989, 
shall be applied to payment of any indebtedness or other obligations of that 
hospital before any other funds are used for such purpose. 

SOURCES: Laws, 1989, ch. 527, § 1, eff from and after June 30, 1989, except 
subsection (3), eff from and after June 1, 1989. 

Editor's Note — Section 7-1-451 provides that wherever the term "Office of General 
Services" appears in any law the same shall mean the Department of Finance and 
Administration . 

Section 27-104-1 provides that the term "Fiscal Management Board" shall mean the 
"Department of Finance and Administration". 



177 



§ 41-11-31 Public Health 

SOUTH MISSISSIPPI STATE HOSPITAL 
[REPEALED] 

Sec. 

41-11-31. Repealed. 

§ 41-11-31. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 
[Codes, Hemingway's 1917, § 3954; 1930, § 4598; 1942, § 6931; Laws, 
1916, ch. 108; Laws, 1966, ch. 452, § 1] 

Editor's Note — Former § 41-11-31 provided for the continued existence of the 
South Mississippi State Hospital, formerly the South Mississippi Charity Hospital. 

MATTY HERSEE HOSPITAL 
[REPEALED] 

Sec. 

41-11-51. Repealed. 

§ 41-11-51. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 
[Codes, 1930, § 4601; 1942, § 6934; Laws, 1922, ch. 299; Laws, 1924, ch. 
311] 

Editor's Note — Former § 41-11-51 provided for the continued existence of the 
Matty Hersee Hospital, formerly the East Mississippi Charity Hospital. 

DIAGNOSTIC AND TREATMENT CENTER 
[REPEALED] 

Sec. 

41-11-71 through 41-11-91. Repealed. 

§§ 41-11-71 through 41-11-91. Repealed. 

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989. 

§ 41-11-71. [Codes, 1942, § 6930-01; Laws, 1956, ch. 301, § 1] 

§ 41-11-73. [Codes, 1942, § 6930-02; Laws, 1956, ch. 301, § 2] 

§ 41-11-75. [Codes, 1942, § 6930-03; Laws, 1956, ch. 301, § 3] 

§ 41-11-77. [Codes, 1942, § 6930-06; Laws, 1956, ch. 301, § 6] 

§ 41-11-79. [Codes, 1942, § 69a0-04; Laws, 1956, ch. 301, § 4] 

§ 41-11-81. [Codes, 1942, § 6930-05; Laws, 1956, ch. 301, § 5] 

§ 41-11-83. [Codes, 1942, § 6930.07; Laws, 1956, ch. 301, § 7] 

§ 41-11-85. [Codes, 1942, § 6930-08; Laws, 1956, ch. 301, § 8] 

§ 41-11-87. [Codes, 1942, § 6930-09; Laws, 1956, ch. 301, § 9] 

§ 41-11-89. [Codes, 1942, § 6930-10; Laws, 1956, ch. 301, § 10] 

§ 41-11-91. [Codes, 1942, § 6930-11; Laws, 1956, ch. 301, § 11] 

178 



State Charity Hospitals § 41-11-102 

Editor's Note — Former § 41-11-71 provided for the continued existence of the 
Kuhn Memorial State Hospital, formerly known as the Mississippi State Charity 
Hospital at Vicksburg. 

Former § 41-11-73 contained definitions. 

Former § 41-11-75 directed that the Kuhn Memorial State Hospital be operated as a 
diagnostic and treatment center for chronically ill and impaired. 

Former § 41-11-77 authorized the construction of facilities at Vicksburg. 

Former § 41-11-79 authorized the state building commission to accept gifts, grants, 
bequests and devises. 

Former § 41-11-81 authorized the commission to utilize funds for construction of 
facilities, repair and maintenance. 

Former § 41-11-83 specified the powers of state building commission. 

Former § 41-11-85 authorized the charging of certain patients for treatment. 

Former § 41-11-87 authorized contracts for treatment with counties, municipalities 
and organizations. 

Former § 41-11-89 authorized any municipality or county to provide for treatment for 
residents. 

Former § 41-11-91 pertained to the operating funds of hospitals. 

MISSISSIPPI CHILDREN'S REHABILITATION CENTER 

Sec. 

41-11-101. Repealed. 

41-11-102. Children's Rehabilitation Center transferred to University of Missis- 
sippi Medical Center, Division of Children's Rehabilitation. 

41-11-103. Rules and regulations. 

41-11-104. Repealed. 

41-11-105. Constructing, erecting, and equipping center. 

41-11-107. Location of center. 

41-11-109. Transfer of center to University medical center; education of patients; 
eligibility for admission. 

41-11-111. Acceptance of grants, donations and funds. 

41-11-113. Declaration of intent; construction. 

§ 41-11-101. Repealed. 

Repealed by Laws, 1989, ch. 544, § 154, eff from and after July 1, 1989. 
[Codes, 1942, § 7129-91; Laws, 1956, ch. 308, § 1; Laws, 1968, ch. 437, 
§ 1; Laws, 1972, ch. 322, § 1; Laws, 1981, ch. 498, § 1] 

Editor's Note — Former § 41-11-101 created the board of trustees of children's 
rehabilitation center. 

§ 41-11-102. Children's Rehabilitation Center transferred to 
University of Mississippi Medical Center, Division of Chil- 
dren's Rehabilitation. 

The administration, supervision, duties and all aspects of the Children's 
Rehabilitation Center shall be transferred to the University of Mississippi 
Medical Center in a division to be called Division of Children's Rehabilitation. 
It is the intent that there shall be cooperation between the center, the Blake 
Center and the Department of Health, Children's Services. 

179 



§ 41-11-103 Public Health 

The University of Mississippi Medical Center is authorized and empow- 
ered to minister to the educational, medical and total needs of those affected by 
cerebral palsy and other crippling conditions which are amenable to such 
treatment. The center shall be used to the greatest extent possible for such 
treatment. 

SOURCES: Laws, 1989, ch. 544, § 153, eff from and after July 1, 1989. 

Cross References — General provision regarding the reorganization of the execu- 
tive branch of government, see §§ 7-17-1 et seq. 

§ 41-11-103. Rules and regulations. 

The University of Mississippi Medical Center shall promulgate such rules, 
regulations and policies as may be necessary and desirable to carry out the 
programs of the Mississippi Children's Rehabilitation Center. 

SOURCES: Codes, 1942, § 7129-91; Laws, 1956, ch: 308, § 1; Laws, 1968, ch. 437, 
§ 1; Laws, 1972, ch. 322, § 1; Laws, 1981, ch. 498, § 2; Laws, 1989, ch. 544, 
§ 156, eff from and after July 1, 1989. 

§ 41-11-104. Repealed. 

Repealed by its own terms effective from and after July 1, 1991. 
[Laws, 1989, ch. 544, § 155] 

Editor's Note — Former § 41-11-104 created the Mississippi Children's Rehabili- 
tation Center Advisory Board. 

§ 41-11-105. Constructing, erecting, and equipping center. 

The state building commission is hereby authorized and empowered to 
erect, construct, and equip the Mississippi Children's Rehabilitation Center, 
which shall have as its purpose the treatment and education of persons 
afflicted with cerebral palsy and other crippling conditions which are amenable 
to such treatment. The cost of constructing, erecting, and equipping such 
hospital may be paid from such funds as may be appropriated, or may 
heretofore have been appropriated, for such purpose by the legislature; and 
funds which are available to the state building commission or which have been 
set aside and earmarked for the construction, erection, and equipping of the 
"Crippled Children's Hospital" under the provisions of Chapter 291, Laws of 
1954, or the "Mississippi Hospital School for Cerebral Palsy," under the 
provisions of Chapter 308, Laws of 1956, are hereby designated and shall be 
applied to the constructing, erecting and equipping of the Mississippi Chil- 
dren's Rehabilitation Center. 

SOURCES: Codes, 1942, § 7129-92; Laws, 1954, ch. 291, § 1; Laws, 1956, ch. 308, 
§ 2; Laws, 1972, ch. 322, § 2; Laws, 1981, ch. 498, § 3, eff from and after July 
1, 1982. 

180 



State Charity Hospitals § 41-11-109 

Editor's Note — Section 31-11-1 provides that wherever the term "state building 
commission" or "building commission" appears in the laws of the state of Mississippi, it 
shall be construed to mean the governor's office of general services. Section 7-1-451, 
however, provides that wherever the term "Office of General Services" appears in any 
law the same shall mean the Department of Finance and Administration. 

§ 41-11-107. Location of center. 

The Mississippi Children's Rehabilitation Center shall be located and 
constructed on the property and in accordance with the plans and specifica- 
tions previously designated for the "Crippled Children's Hospital," or its 
successor the "Mississippi Hospital School for Cerebral Palsy," at its location on 
Lakeland Drive in the vicinity of the Four- Year School of Medicine and 
University Hospital. It is intended that there shall be cooperation between the 
center and said Four- Year School of Medicine and University Hospital. 

SOURCES: Codes, 1942, § 7129-93; Laws, 1954, ch. 291, § 2; Laws, 1956 ch. 308, 
§ 3; Laws, 1972, ch. 322, § 3; Laws, 1981, ch. 498, § 4; Laws, 1989, ch. 544, 
§ 157, eff from and after July 1, 1989. 

Cross References — Four-year medical school and university hospital, see §§ 37- 
115-21 et seq. 

§ 41-11-109. Transfer of center to University medical center; 
education of patients; eligibility for admission. 

When the Mississippi Children's Rehabilitation Center has been com- 
pleted and made ready for occupancy, the buildings and land on which they are 
located, together with any and all equipment therefor, shall be conveyed and 
transferred by the State Building Commission to the University of Mississippi 
Medical Center for the use and benefit of the State of Mississippi in accordance 
with the provisions of Sections 41-11-101 through 41-11-113. Title to all land, 
buildings and equipment held by the board of trustees of the Mississippi 
Hospital School for Cerebral Palsy shall be conveyed to the University of 
Mississippi Medical Center for the use and benefit of the state in accordance 
with the provisions of such sections. 

The University of Mississippi Medical Center may contract for and obtain 
the services of the board of education for the purpose of conducting educational 
programs for children in the Mississippi Children's Rehabilitation Center and 
all institutions and agencies of the state government are requested and 
directed to participate and cooperate to the fullest extent authorized by law in 
rendering assistance towards the rehabilitation and restoration of such 
cerebral palsy patients and patients with other crippling conditions which are 
amenable to such treatment. 

No member of the family of any member of the board of trustees shall be 
eligible for treatment in the center. Crippled children shall be admitted to the 
center insofar as practicable in proportion to the number of such children in 
the counties of the State of Mississippi, so that all such crippled children shall 
have equal opportunity for admission to the center. 

181 



§ 41-11-111 Public Health 

SOURCES: Codes, 1942, § 7129-94; Laws, 1954, ch. 291, § 3; 956, ch. 308, § 4; 
Laws, 1972, ch. 322, § 4; Laws, 1981, ch. 498, § 5; Laws, 1989, ch. 544, § 158, 
eff from and after July 1, 1989. 

Editor's Note — Section 41-11-101 referred to in this section was repealed by Laws, 
1989, ch. 544, § 154, eff from and after July 1, 1989. 

Section 41-11-104, referred to in this section, was repealed by its own terms, effective 
from and after July 1, 1991. 

Section 31-11-1 provides that wherever the term "state building commission" or 
"building commission" appears in the laws of the State of Mississippi, it shall be 
construed to mean the governor's office of general services. Section 7-1-451, however, 
provides that wherever the term "Office of General Services" appears in any law the 
same shall mean the Department of Finance and Administration. 

§ 41-11-111. Acceptance of grants, donations and funds. 

The University of Mississippi Medical Center is authorized to accept any 
and all grants, donations or matching funds from private, public or federal 
sources in order to add to, improve and enlarge the physical facilities and 
equipment of the Mississippi Children's Rehabilitation Center. The State 
Department of Health and the Crippled Children's Service are hereby specif- 
ically authorized and empowered to provide crutches, braces and any and all 
other mechanical devices available and designed for the assistance of those 
persons afflicted with cerebral palsy and other crippling conditions which are 
amenable to such treatment. 

SOURCES: Codes, 1942, § 7129-96; Laws, 1956, ch. 308, § 6; Laws, 1972, ch. 322, 
§ 6; Laws, 1981, ch. 498, § 6; Laws, 1989, ch. 544, § 159, eff from and after 
July 1, 1989. 

§ 41-11-113. Declaration of intent; construction. 

It is the intent of Sections 41-11-101 through 41-11-113 to change the 
name of the "Mississippi Crippled Children's Treatment and Training Center" 
to the Mississippi Children's Rehabilitation Center and to place it under the 
supervision and control of the University of Mississippi Medical Center. 
Sections 41-11-101 through 41-11-113 should be construed liberally in order to 
accomplish the broad objectives in aiding persons afflicted with cerebral palsy 
and other crippling conditions which are amenable to such treatment, in any 
and every manner possible by the use of new techniques as they are developed 
and become known, and by use of the combination of education and medical 
services for the rehabilitation of such persons. 

SOURCES: Codes, 1942, § 7129-95; Laws, 1956, ch. 308, § 5; Laws, 1972, ch. 322, 
§ 5; Laws, 1981, ch. 498, § 7; Laws, 1989, ch. 544, § 160, eff from and after 
July 1, 1989. 

Editor's Note — Section 41-11-101, referred to in this section, was repealed by Laws 
of 1989, ch. 544, § 154, effective from and after July 1, 1989. 

Section 41-11-104, referred to in this section, was repealed by its own terms, effective 
from and after July 1, 1991. 

182 



CHAPTER 13 
Community Hospitals 

In General 41-13-1 

Trust to Insure Against Public Liability Claims 41-13-101 

IN GENERAL 

Sec. 

41-13-1 through 41-13-9. Repealed. 

41-13-10. Definitions. 

41-13-11. Community hospital liability and insurance. 

41-13-13. Repealed. 

41-13-15. Community hospitals and health facilities in counties and municipali- 

ties. 

41-13-16. Repealed. 

41-13-17. Repealed. 

41-13-19. Issuance of bonds; election. 

41-13-21. Details of bonds; interest; sale. 

41-13-23. Levy of ad valorem tax or pledge of revenues to pay bonds. 

41-13-24. Obtaining federal assistance. 

41-13-25. Imposition of ad valorem tax; retirement of debt. 

41-13-27. Repealed. 

41-13-29. Board of trustees for county hospitals or other health facilities. 

41-13-31 and 41-13-33. Repealed. 

41-13-35. General powers and duties of trustees; bonds; prohibited acts or behav- 

ior of trustees, individual trustee, or agent or servant of trustee. 

41-13-36. Employment of administrator; administrator's powers and duties. 

41-13-37. Repealed. 

41-13-38. Provisions of certain loans by hospital; financial assistance to nonprofit 

groups. 

41-13-39. Trustees may establish day care centers. 

41-13-41. Repealed. 

41-13-43 and 41-13-45. Repealed. 

41-13-47. Proposed budget; reports. 

41-13-49 and 41-13-51. Repealed. 

41-13-53. Benefits with respect to ownership and operation of hospitals organized 

under other laws. 

§§ 41-13-1 through 41-13-9. Repealed. 

Repealed by Laws 1982, ch. 395, § 6, eff from and after July 1, 1982. 
§ 41-13-1. [Codes, 1930, § 291; 1942, § 2999; Laws, 1930, ch. 58] 
§ 41-13-3. [Codes, 1930, § 292; 1942, § 3000; Laws, 1930, ch. 58] 
§ 41-13-5. [Codes, 1930, § 292; 1942, § 3000; Laws, 1930, ch. 58] 
§ 41-13-7. [Codes, 1930, § 293; 1942, § 3001; Laws, 1930, ch. 58] 
§ 41-13-9. [Codes, 1930, § 294; 1942, § 3002; Laws, 1930, ch. 58] 

Editor's Note — Former § 41-13-1 authorized municipalities to create joint hospi- 
tals. 

Former § 41-13-3 authorized the creation of a hospital commission for joint hospitals. 
Former § 41-13-5 specified the powers and duties of the hospital commission. 

183 



§ 41-13-10 Public Health 

Former § 41-13-7 authorized monthly appropriation for hospital purposes. 
Former § 41-13-9 specified procedures for the implementation of a community 
hospital program. 

§ 41-13-10. Definitions. 

For purposes of Sections 41-13-10 through 41-13-47, the following words 
shall have the meanings ascribed herein, unless the context otherwise re- 
quires: 

(a) "Administrator" shall mean the chief administrative official and 
executive officer of a community hospital selected by the board of trustees of 
such community hospital. 

(b) "Board of trustees" shall mean the board appointed pursuant to 
Section 41-13-29, to operate a community hospital. 

(c) "Community hospital" shall mean any hospital, nursing home and/or 
related health facilities or programs, including without limitation, ambula- 
tory surgical facilities, intermediate care facilities, after-hours clinics, home 
health agencies and rehabilitation facilities, established and acquired by 
boards of trustees or by one or more owners which is governed, operated and 
maintained by a board of trustees. 

(d) "Owner" shall mean any board of supervisors of any county having 
an ownership interest in any community hospital or leased facility on behalf 
of the county or on behalf of any supervisors district, judicial district or 
election district of the county and shall also mean any governing council or 
board of any municipality having an ownership interest in any community 
hospital or leased facility. 

(e) "Leased facility" shall mean a hospital, nursing home or related 
health facilities which an owner has leased to an individual, partnership, 
corporation, other owner or board of trustees for a term not in excess of fifty 
(50) years, conditioned upon the facility continuing to operate on a nonprofit 
basis. A leased facility shall not be deemed or considered to be a community 
hospital except for purposes of Sections 41-13-19 through 41-13-25, and shall 
not be subject to the statutory requirements placed on community hospitals 
except to the extent as may be specifically required by the terms of the 
applicable lease agreement. However, in situations where another commu- 
nity hospital, acting through its board of trustees, is the lessee of a leased 
facility, the leased facility shall remain subject to this chapter and other laws 
applicable to community hospitals, except that the owners of the lessee shall 
have sole authority to appoint the board of trustees for the leased facility, 
which shall be the same board* of trustees as appointed under Section 
41-13-29 for the lessee community hospital. 

(f) "Service area" means that area as determined by a board of trustees 
by its patient origin studies. 

SOURCES: Laws, 1985, ch. 511, § 2; Laws, 2002, ch. 441, § 1, eff from and after 
July 1, 2002. 

184 



Community Hospitals 



§ 41-13-10 



Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

JUDICIAL DECISIONS 



1. In general. 

2. Location of governing body. 

3. Community hospital. 

1. In general. 

Miss. Code Ann. § 41-13-35(5)(n) statu- 
torily empowered community hospital to 
contract with private physicians in gen- 
eral interest of serving and promoting the 
health and welfare of the citizens of Mis- 
sissippi, and a state entity did not lose its 
status under the Mississippi Tort Claims 
Act by merely contracting with a private 
entity; however, the medical center did 
not meet the statutory definition of a 
community hospital as it was not gov- 
erned, operated and maintained by a 
board of trustees as required by Miss. 
Code Ann. § 41-13-10(c) for a community 
hospital. Bolivar Leflore Med. Alliance, 
LLP v. Williams, 938 So. 2d 1222 (Miss. 
2006). 

Even if the language in the contract had 
been convincing enough to create a pri- 
vate entity and the county hospital had 
been deemed private, the injured person's 
claim remained one of premises liability. 
The agreement did not alter the fact that 
the county remained the owner of the 
physical property that comprised the hos- 
pital, and includes the sidewalk outside 
the hospital where the injured person 
tripped and fell; thus, the trial court did 
not err in granting summary judgment in 
favor of the county hospital due to the 
injured person's claim being filed outside 
the one-year statute of limitations under 
Miss. Code Ann. Section 11-46-11(3). 



Allstadt v. Baptist Mem'l Hosp., 893 So. 
2d 1083 (Miss. Ct. App. 2005). 

Trial court properly granted summary 
judgment in favor of county hospital 
where an individual did not file suit 
against the hospital until more than two 
years after tripping on its sidewalk; the 
hospital was still a community hospital 
under Miss. Code Ann. § 41-13110(c) even 
though it had contracted with a private 
management company to run the hospital. 
Allstadt v. Baptist Mem. Hosp., — So. 2d 
— , 2004 Miss. App. LEXIS 847 (Miss. Ct. 
App. Aug. 24, 2004). 

Denial of the general hospital's and phy- 
sicians' motion to transfer venue in a 
medical malpractice action was improper 
under the Mississippi Tort Claims Act 
(MTCA), Miss. Code Ann. § 11-46-1 et 
seq., where the general hospital was enti- 
tled to venue in the county in which the 
principal offices were located, Miss. Code 
Ann. § 11-11-3(1), because the decedent's 
heirs failed to assert a reasonable claim of 
liability against the medical center and 
the treating physicians. Wayne Gen. 
Hosp. v. Hayes, 868 So. 2d 997 (Miss. 
2004). 

Municipal hospital was entitled to state 
action immunity from federal antitrust 
claim arising from its exclusive contract 
with medical supervisor, who performed 
chronic dialysis in its facility for end stage 
renal disease, as (1) it was subdivision of 
municipal corporation under §§ 41-13-10 
et seq., it was required to obtain certifi- 
cate of need under § 41-7-191(l)(a) and 
(b), and it had right under § 41-13- 



185 



§ 41-13-10 



Public Health 



35(5)(g) to contract with any person to 
provide services, and (2) purpose of its 
contract to supervise special unit and per- 
form critical functions was to obtain phy- 
sician's dedicated services by displacing 
unfettered professional medical freedom, 
and allegedly anticompetitive results 
were thus foreseeable. Martin v. Memorial 
Hosp., 86 F.3d 1391 (5th Cir. 1996). 

2. Location of governing body. 

Trial court abused its discretion in 
denying a motion by a hospital and three 
physicians to transfer venue in a medical 
malpractice action because a decedent's 
heirs had failed to assert a reasonable 
claim of liability against certain defen- 
dants that had been dismissed from the 
action and because the hospital was a 
community hospital under the Mississippi 
Tort Claims Act and was entitled to venue 
in the county in which its governing body's 
principal offices were located. Wayne Gen. 
Hosp. v. Hayes, — So. 2d — , 2003 Miss. 
LEXIS 598 (Miss. Nov. 6, 2003). 

3. Community hospital. 

In a case in which a behavioral health 
limited liability company (LLC) con- 



tracted with a community hospital to op- 
erate and manage a behavioral unit, and 
the LLC had not requested a guarantee 
from the hospital board of trustees (trust- 
ees) or the county board of supervisors 
(supervisors), the simple fact that the hos- 
pital was under the direction and control 
of the trustees and the supervisors did not 
equate to a responsibility on their part to 
assume the contractual obligations of the 
hospital. Sunstone Behavioral Health, 
LLC v. Covington County Hosp., — F. 
Supp. 2d — , 2008 U.S. Dist. LEXIS 77381 
(S.D. Miss. Aug. 19, 2008). 

Where a doctor working in partnership 
with a community hospital was sued for 
medical malpractice, the trial court deter- 
mined that he was entitled to immunity 
under the Mississippi Tort Claims Act, 
Miss. Code Ann. § 11-46-5. The doctor 
was an employee of the "community hos- 
pital" as denned in Miss. Code Ann. § 41- 
13-10; the community hospital retained 
control over the medical partnership. Es- 
tate of Grimes v. Warrington, 982 So. 2d 
365 (Miss. 2008). 



ATTORNEY GENERAL OPINIONS 



Hospital is "leased facility" under Miss. 
Code Section 41-13-10(e), and is not to be 
deemed or considered as community hos- 
pital except for purposes of Miss. Code 
Sections 41-13-19 through 41-13-25; hos- 
pital is not, therefore, community hospital 
for purposes of 1993 amendment to Miss. 
Code Section 41-13-10. Barnett, May 28, 
1993, A.G. Op. #93-0406. 

If board of trustees had established or 
acquired nursing home prior to closing of 
hospital, and nursing home was existent 
when hospital was closed, then board of 
trustees of hospital would have continued 
to exist since "community hospital" as 
denned by 41-13-10(c) had never ceased to 
exist. Shuler, March 30, 1994, A.G. Op. 
#93-0976. 

Section 41-13-35(5)(n) authorizes the 
Board of Trustees of a community hospital 
to enter into contracts with an insurance 
reciprocal established pursuant to and op- 
erated in accordance with Section 41- 
13-10 et seq. Evans, August 25, 1995, A.G. 
Op. #95-0542. 



Community hospitals are governmental 
entities and are not subject to local privi- 
lege taxes. Exum-Petty, June 5, 1998, A.G. 
Op. #98-0323. 

Aboard of supervisors owning a commu- 
nity hospital within the meaning of this 
section must, if it elects to lease the com- 
munity hospital without an option to sell, 
solicit bids therefor by advertisement. 
Huff, August 7, 1998, A.G. Op. #98-0439. 

A county board of supervisors could ap- 
prove the assignment of a hospital lease 
from a nonprofit corporation to a for-profit 
corporation without being subject to the 
statute as the hospital was operated by a 
private, nonprofit corporation and was 
clearly a "leased facility" within the mean- 
ing of subsection (e) of this section. Haque, 
February 19, 1999, A.G. Op. #99-0082. 

Certificates of need, licenses and per- 
mits, which empower community hospi- 
tals to exist and provide various medical 
services, are necessarily owned by the 
owners of the community hospital, but are 
managed and operated by the board of 



186 



Community Hospitals § 41-13-11 

trustees thereof; thus, applications for the hospital must be exercised by both the 

new certificates of need by an existing city and the county. Mitchell, Mar. 5, 2004, 

community hospital are effectively in the A.G. Op. 04-0305. 

name of the owner but must be made by A county does not have the authority to 

its board of trustees. Broussard, March transfer funds from the nursing home to 

29, 2000, A.G. Op. #2000-0156. the county general fund or other funds 

A community hospital may not exceed owed and operated by the county. Dob- 
the bounds of its service area and, there- bins, July 30, 2004, A.G. Op. 04-0270. 
fore, a county, as the owner of a commu- Where a building owned by the county 
nity hospital, does not have authority to for use by a hospital was damaged by fire, 
effect the transfer, under the guise of a the county might, but was not required to, 
lease, of a community hospital's assets, reimburse the hospital for expenses in- 
including licenses and licensed beds, to a curred in repairing damage to the hospital 
for-profit corporation which will then use buildings resulting from fire. Hemphill, 
those licenses and licensed beds to open Apr. 26, 2005, A.G. Op. 05-0120. 
an existing, non-licensed hospital facility A physician-clinic would be considered a 
owned by it in another county not shown "community hospital" for purposes of See- 
to be in its service area. Moody, May 24, tion 41-13-10. Donnell, July 22, 2005, A.G. 
2002, A.G. Op. #02-0273. Op. 05-0304. 

A community hospital may not exceed A separate non-profit corporation or 

the bounds of its service area. Banks, limited liability company formed by a 

June 27, 2002, A.G. Op. #02-0371. community hospital would not fall within 

Where a community hospital is jointly the meaning of "community hospital" as 

owned by a city and county, any action set out in Section 41-13-10(c). Williamson, 

which must be exercised by the "owner" of Apr. 7, 2006, A.G. Op. 06-0040. 

§ 41-13-11. Community hospital liability and insurance. 

(1) [Repealed]. 

(2) [Repealed]. 

(3) Subsections (1) and (2) of this section shall stand repealed from and 
after October 1, 1993. 

(4) From and after October 1, 1993, the board of trustees of any commu- 
nity hospital is hereby authorized, in its discretion, to obtain and pay for, out 
of operating funds of the community hospital, liability insurance of such kinds 
as said board of trustees deems advisable covering the operation of said 
community hospital, including trustees, employees and volunteers, and every 
department thereof, and all machinery, equipment, appliances and motor 
vehicles thereof or used in connection therewith so as to cover damages or 
injury to persons or property or both caused by the negligence of any member 
of said board of trustees or of any officer, director, agent, servant, attorney, 
employee or volunteer of such hospital while engaged in the performance of his 
duties or working in connection with the operation of said community hospital. 
Such insurance shall either be procured from a company or companies 
authorized to do business and doing business in the State of Mississippi or 
provided through a program of self insurance established pursuant to the 
provisions of Section 11-46-17, Mississippi Code of 1972. Such insurance shall 
be for such amounts of coverage and shall cover such trustees, employees, 
volunteers, departments, installations, equipment, facilities and activities as 
the board of trustees, in its discretion, shall determine. The board of trustees 
may likewise indemnify, either by the purchase of insurance or, directly, where 

187 



§ 41-13-11 Public Health 

funds are available, in whole or in part, any trustee, officer, director, agent, 
volunteer or employee of said facility or program for actual personal expenses 
incurred in the defense of any suit, or judgments resulting from said suit, 
brought against said trustee, officer, director, agent, volunteer or employee for 
alleged negligent or wrongful conduct committed while under the employment 
of or while providing service to a community hospital. 

(5) Notwithstanding the authority to purchase or provide liability insur- 
ance as provided for in subsection (4) of this section, any community hospital, 
owner or board of trustees shall be subject to and shall be governed by the 
provisions of Section 11-46-1 et seq., Mississippi Code of 1972, for any cause of 
action which accrues from and after October 1, 1993, on account of any 
wrongful or tortious act or omission of any such governmental entity, as 
denned in Section 11-46-1, Mississippi Code of 1972, or its employees relating 
to or in connection with any activity or operation of any community hospital. 

SOURCES: Codes, 1942, § 3002.3; Laws, 1954, ch. 285, §§ 1, 2; Laws, 1982, ch. 
395, § 5; Laws, 1983, ch. 468, § 1; Laws, 1984, ch. 495, § 36; Laws, 1984, 1st 
Ex Sess, ch. 8, § 1; Laws, 1985, ch. 474, § 49; Laws, 1985, ch. 511, § 3; Laws, 
1986, ch. 438, § 20; Laws, 1987, ch. 483, § 25; Laws, 1988, ch. 442, § 22; Laws, 
1989, ch. 537, § 21; Laws, 1990, ch. 518, § 22; Laws, 1991, ch. 618, § 21; Laws, 
1992, ch. 491 § 22, eff from and after passage (approved May 12, 1992). 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

Former subsection (1) of this section, relating to immunity for certain activities in 
connection with the operation of community hospitals, and subsection (2), relating to 
liability insurance, were repealed by Laws of 1992, ch. 491, § 22, eff from and after 
October 1, 1993. 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Liability insurance coverage of public ambulance service, see § 41-55-5. 

JUDICIAL DECISIONS 

1. In general. Miss. Code Ann. §§ 11-46-1 through 11- 

County medical center was a commu- 46-23. Gilchrist v. Veach, 807 So. 2d 485 

nity hospital as defined by Miss. Code (Miss. Ct. App. 2002). 

Ann. § 41-13-10, therefore it was gov- A nurse employed by a county hospital 

erned by and afforded the immunity pro- was not shielded by immunity under 

tection of the Mississippi Tort Claims Act, § 41-13-11; no reference is made under 

188 



Community Hospitals 



§ 41-13-11 



any subsection of § 41-13-11 or elsewhere 
to the existence of immunity for employ- 
ees of community hospitals, and, in pro- 
viding for indemnification of employees, 
the statute clearly anticipates that a judg- 
ment may well be rendered against an 
employee for his or her negligent or 
wrongful conduct. Sullivan v. Sumrall ex 
rel. Ritchey, 618 So. 2d 1274 (Miss. 1993). 

Section 41-13-11 clearly seeks to ex- 
empt county hospitals from liability for 
actions which may fail to meet a pre- 
scribed duty, and the statutory language 
"notwithstanding that such act or omis- 
sion may or may not arise out of any 
activity, transaction or service for which 
any fee, charge, cost, or other consider- 
ation was received or expected to be re- 
ceived in exchange therefor" evinces a 
clear intent on the part of the legislature 
to apply the immunity to duties which 
arise by way of contract; where the legis- 
lature has manifested a clear intent to 
immunize the agencies of the State from 
suits which arise out of the alleged fail- 
ures by the agency to fulfill duties implicit 
in a contractual relationship, that policy 
will be applied to bar suits in contract as 
well as in tort. Womble ex rel. Havard v. 
Singing River Hosp., 618 So. 2d 1252 
(Miss. 1993). 

A community hospital's requirement 
that its emergency room physicians pur- 
chase malpractice insurance did not con- 
stitute a waiver of the hospital's tort im- 
munity to the extent of the malpractice 
coverage carried by its physicians. 
Womble ex rel. Havard v. Singing River 
Hosp., 618 So. 2d 1252 (Miss. 1993). 



A community hospital's adoption of a 
resolution that it would indemnify em- 
ployees occupying certain job positions for 
expenses incurred in defending suits or 
judgments incurred in suits for negligence 
arising out of their employment did not 
constitute a waiver of the hospital's immu- 
nity to the extent of the specified indem- 
nification limits. Womble ex rel. Havard v. 
Singing River Hosp., 618 So. 2d 1252 
(Miss. 1993). 

Even if a hospital had traditionally used 
funds from its "excess revenues" account 
to settle claims and pay judgments pursu- 
ant to the authority granted by § 41-13- 
35(5)(h), such expenditures would not con- 
stitute a waiver of immunity with regard 
to future "excess revenues." Womble ex 
rel. Havard v. Singing River Hosp., 618 
So. 2d 1252 (Miss. 1993). 

Any immunities protecting State enti- 
ties will likewise shield the public officials 
affiliated with them when they are sued in 
their official capacities; thus, the individ- 
ual members of the board of trustees of a 
community hospital were immunized 
from suit by§ 41-13-11 's shield of govern- 
mental immunity. Womble ex rel. Havard 
v. Singing River Hosp., 618 So. 2d 1252 
(Miss. 1993). 

Neither decision abolishing judicial doc- 
trine of sovereign immunity nor legisla- 
tion enacted to replace that doctrine have 
any bearing on hospital's motion for sum- 
mary judgment on ground that it is enti- 
tled to immunity from suit under § 41-13- 
11(1) [repealed]. Johnese v. Jefferson 
Davis Mem. Hosp., 637 F. Supp. 1198 
(S.D. Miss. 1986). 



ATTORNEY GENERAL OPINIONS 



Section 41-13-11 does not preclude the 
hospital Board of Trustees from honoring 
its indemnification obligations simply be- 



cause the indemnitee has procured insur- 
ance in his defense. Nichols, July 25, 
1995, A.G. Op. #95-0259. 



RESEARCH REFERENCES 



ALR. Liability of charitable organiza- 
tion under respondeat superior doctrine 
for tort of unpaid volunteer. 82 A.L.R.3d 
1213. 

Hospital's liability for mentally de- 
ranged patient's self-inflicted injuries. 36 
A.L.R.4th 117. 



Hospital's liability for patient's injury or 
death resulting from escape or attempted 
escape. 37 A.L.R.4th 200. 

Liability of hospital or sanitarium for 
negligence of physician or surgeon. 51 
A.L.R.4th 235. 

Malpractice in diagnosis and treatment 



189 



§ 41-13-13 Public Health 

of male urinary tract and related organs. 19A Am. Jur. PI & Pr Forms (Rev), 

48 A.L.R.5th 575. Physicians, Surgeons, and Other Healers, 

Liability of health maintenance organi- Forms 121 et seq. (care of patients; liabil- 

zations (HMOs) for negligence of member ity for malpractice), 

physicians. 51 A.L.R.5th 271. 35 Anim Jur p roo f of Facts 2d 75, Hospi- 

,J"? * Jur ' ^J™' £? w & ^ r Forms tal's Failure to Prevent Patient from Fall- 
(Kev), Agency, r orm 224. 1 (complaint, pe- - n _ 

tition, or declaration — allegation — /„ A T „ r r^ oji^ott 

against hospital - reliance on apparent « ^ Jur : P ^f of Facts 2d 109, Hos- 

authority of physician - hospital held PitaJ - Acquired Infections, 

itself out as full service hospital). 25 A m - J A ur - p ials 185 > Hospital Recov- 

13A Am. Jur. PI & Pr Forms (Rev), ery Room Accidents. 

Hospitals and Asylums, Forms 41 et seq. CJS - 41 C.J.S., Hospitals § 2. 
(liability for injuries). 

§ 41-13-13. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 
[Codes, 1942, § 3002.5; Laws, 1956, ch. 309, §§ 1, 2] 

Editor's Note — Former § 41-13-13 authorized the construction of hospitals in 
certain counties under the Hill-Burton Act. 

§ 41-13-15. Community hospitals and health facilities in 
counties and municipalities. 

(1) Any county and/or any political or judicial subdivision of a county 
and/or any municipality of the State of Mississippi, acting individually or 
jointly, may acquire and hold real estate for a community hospital either 
recognized and/or licensed as such by either the State of Mississippi or the 
United States Government, and may, after complying with applicable health 
planning and licensure statutes, construct a community hospital thereon 
and/or appropriate funds according to the provisions of this chapter for the 
construction, remodeling, maintaining, equipping, furnishing and expansion of 
such facilities by the board of trustees upon such real estate. 

(2) Where joint ownership of a community hospital is involved, the owners 
are hereby authorized to contract with each other for determining the pro rata 
ownership of such community hospital, the proportionate cost of maintenance 
and operation, and the proportionate financing that each will contribute to the 
community hospital. 

(3) The owners may likewise contract with each other, or on behalf of any 
subordinate political or judicial subdivision, or with the board of trustees of a 
community hospital, and/or any agency of the State of Mississippi or the 
United States Government, for necessary purposes related to the establish- 
ment, operation or maintenance of community hospitals and related programs 
wherever located, and may either accept from, sell or contribute to the other 
entities, monies, personal property or existing health facilities. The owners or 
the board of trustees may also receive monies, property or any other valuables 
of any kind through gifts, donations, devises or other recognized means from 
any source for the purpose of hospital use. 

190 



Community Hospitals § 41-13-15 

(4) Owners and boards of trustees, acting jointly or severally, may acquire 
and hold real estate for offices for physicians and other health-care practitio- 
ners and related health care or support facilities, provided that any contract 
for the purchase of real property must be ratified by the owner, and may 
thereon construct and equip, maintain and remodel or expand such offices and 
related facilities, and the board of trustees may lease same to members of the 
hospital staff or others at a rate deemed to be in the best interest of the 
community hospital. 

(5) If any political or judicial subdivision of a county is obligated hereun- 
der, the boundaries of such district shall not be altered in such a manner as to 
relieve any portion thereof of its obligation hereunder. 

(6) Owners may convey to any other owner any or all property, real or 
personal, comprising any existing community hospital, including related 
facilities, wherever located, owned by such conveying owner. Such conveyance 
shall be upon such terms and conditions as may be agreed upon and may make 
such provisions for transfers of operating funds and/or for the assumption of 
liabilities of the community hospital as may be deemed appropriate by the 
respective owners. 

(7)(a) Except as provided for in subsection (11) of this section, owners may 
lease all or part of the property, real or personal, comprising a community 
hospital, including any related facilities, wherever located, and/or assets of 
such community hospital, to any individual, partnership or corporation, 
whether operating on a nonprofit basis or on a profit basis, or to the board of 
trustees of such community hospital or any other owner or board of trustees, 
subject to the applicable provisions of subsections (8), (9) and (10) of this 
section. The term of such lease shall not exceed fifty (50) years. Such lease 
shall be conditioned upon (i) the leased facility continuing to operate in a 
manner safeguarding community health interests; (ii) the proceeds from the 
lease being first applied against such bonds, notes or other evidence of 
indebtedness as are issued pursuant to Section 41-13-19 as and when they 
are due, provided that the terms of the lease shall cover any indebtedness 
pursuant to Section 41-13-19; and (iii) any surplus proceeds from the lease 
being deposited in the general fund of the owner, which proceeds may be 
used for any lawful purpose. Such lease shall be subject to the express 
approval of the board of trustees of the community hospital, except in the 
case where the board of trustees of the community hospital will be the lessee. 
However, owners may not lease any community hospital to the University of 
Mississippi Medical Center unless first the University of Mississippi Medical 
Center has obtained authority to lease such hospital under specific terms 
and conditions from the Board of Trustees of State Institutions of Higher 
Learning. 

If the owner wishes to lease a community hospital without an option to 
sell it and the approval of the board of trustees of the community hospital is 
required but is not given within thirty (30) days of the request for its 
approval by the owner, then the owner may enter such lease as described 
herein on the following conditions: A resolution by the owner describing its 

191 



§ 41-13-15 Public Health 

intention to enter such lease shall be published once a week for at least three 
(3) consecutive weeks in at least one (1) newspaper published in the county 
or city, as the case may be, or if none be so published, in a newspaper having 
a general circulation therein. The first publication of such notice shall be 
made not less than twenty-one (21) days prior to the date fixed in such 
resolution for the lease of the community hospital and the last publication 
shall be made not more than seven (7) days prior to such date. If, on or prior 
to the date fixed in such resolution for the lease of the community hospital, 
there shall be filed with the clerk of the owner a petition signed by twenty 
percent (20%) or fifteen hundred (1500), whichever is less, of the qualified 
voters of such owner, requesting that an election be called and held on the 
question of the lease of the community hospital, then it shall be the duty of 
the owner to call and provide for the holding of an election as petitioned for. 
In such case, no such lease shall be entered into unless authorized by the 
affirmative vote of the majority of the qualified voters of such owner who vote 
on the proposition at such election. Notice of such election shall be given by 
publication in like manner as hereinabove provided for the publication of the 
initial resolution. Such election shall be conducted and the return thereof 
made, canvassed and declared as nearly as may be in like manner as is now 
or may hereafter be provided by law in the case of general elections in such 
owner. If, on or prior to the date fixed in the owner's resolution for the lease 
of the community hospital, no such petition as described above is filed with 
the clerk of the owner, then the owner may proceed with the lease subject to 
the other requirements of this section. Subject to the above conditions, the 
lease agreement shall be upon such terms and conditions as may be agreed 
upon and may make such provision for transfers of tangible and intangible 
personal property and operating funds and/or for the assumption of liabili- 
ties of the community hospital and for such lease payments, all as may be 
deemed appropriate by the owners. 

(b) Owners may sell and convey all or part of the property, real or 
personal, comprising a community hospital, including any related facilities, 
wherever located, and/or assets of such community hospital, to any individ- 
ual, partnership or corporation, whether operating on a nonprofit basis or on 
a profit basis, or to the board of trustees of such community hospital or any 
other owner or board of trustees, subject to the applicable provisions of 
subsections (8) and (10) of this section. Such sale and conveyance shall be 
upon such terms and conditions as may be agreed upon by the owner and the 
purchaser that are consistent with the requirements of this section, and the 
parties may make such provisions for the transfer of operating funds or for 
the assumption of liabilities of the facility, or both, as they deem appropriate. 
However, such sale and conveyance shall be conditioned upon (i) the facility 
continuing to operate in a manner safeguarding community health interests; 
(ii) the proceeds from such sale being first applied against such bonds, notes 
or other evidence of indebtedness as are issued pursuant to Section 41-13-19 
as and when they are due, provided that the terms of the sale shall cover any 
indebtedness pursuant to Section 41-13-19; and (iii) any surplus proceeds 

192 



Community Hospitals § 41-13-15 

from the sale being deposited in the general fund of the owner, which 
proceeds may be used for any lawful purpose. However, owners may not sell 
or convey any community hospital to the University of Mississippi Medical 
Center unless first the University of Mississippi Medical Center has ob- 
tained authority to purchase such hospital under specific terms and condi- 
tions from the Board of Trustees of State Institutions of Higher Learning. 

(8) Whenever any owner decides that it may be in its best interests to sell 
or lease a community hospital as provided for under subsection (7) of this 
section, the owner shall first contract with a certified public accounting firm, a 
law firm or competent professional health care or management consultants to 
review the current operating condition of the community hospital. The review 
shall consist of, at minimum, the following: 

(a) A review of the community's inpatient facility needs based on 
current workload, historical trends and projections, based on demographic 
data, of future needs. 

(b) A review of the competitive market for services, including other 
hospitals which serve the same area, the services provided and the market 
perception of the competitive hospitals. 

(c) A review of the hospital's strengths relative to the competition and 
its capacity to compete in light of projected trends and competition. 

(d) An analysis of the hospital's options, including service mix and 
pricing strategies. If the study concludes that a sale or lease should occur, 
the study shall include an analysis of which option would be best for the 
community and how much revenues should be derived from the lease or sale. 

(9) After the review and analysis under subsection (8) of this section, an 
owner may choose to sell or lease the community hospital. If an owner chooses 
to sell such hospital or lease the hospital with an option to sell it, the owner 
shall follow the procedure specified in subsection (10) of this section. If an 
owner chooses to lease the hospital without an option to sell it, it shall first 
spread upon its minutes why such a lease is in the best interests of the persons 
living in the area served by the facility to be leased, and it shall make public 
any and all findings and recommendations made in the review required under 
proposals for the lease, which shall state clearly the minimum required terms 
of all respondents and the evaluation process that will be used when the owner 
reviews the proposals. The owner shall lease to the respondent submitting the 
highest and best proposal. In no case may the owner deviate from the process 
provided for in the request for proposals. 

(10) If an owner wishes to sell such community hospital or lease the 
hospital with an option to sell it, the owner first shall conduct a public hearing 
on the issue of the proposed sale or lease with an option to sell the hospital. 
Notice of the date, time, location and purpose of the public hearing shall be 
published once a week for at least three (3) consecutive weeks in at least one 
(1) newspaper published in the county or city, as the case may be, or if none be 
so published, in a newspaper having a general circulation therein. The first 
publication of the notice shall be made not less than twenty-one (21) days 
before the date of the public hearing and the last publication shall be made not 

193 



§ 41-13-15 Public Health 

more than seven (7) days before that date. If, after the public hearing, the 
owner chooses to sell or lease with an option to sell the hospital, the owner 
shall adopt a resolution describing its intention to sell or lease with an option 
to sell the hospital, which shall include the owner's reasons why such a sale or 
lease is in the best interests of the persons living in the area served by the 
facility to be sold or leased. The owner then shall publish a copy of the 
resolution; the requirements for proposals for the sale or lease with an option 
to sell the hospital, which shall state clearly the minimum required terms of all 
respondents and the evaluation process that will be used when the owner 
reviews the proposals; and the date proposed by the owner for the sale or lease 
with an option to sell the hospital. Such publication shall be made once a week 
for at least three (3) consecutive weeks in at least one (1) newspaper published 
in the county or city, as the case may be, or if none be so published, in a 
newspaper having a general circulation therein. The first publication of the 
notice shall be made not less than twenty-one (21) days before the date 
proposed for the sale or lease with an option to sell the hospital and the last 
publication shall be made not more than seven (7) days before that date. If, on 
or before the date proposed for the sale or lease of the hospital, there is filed 
with the clerk of the owner a petition signed by twenty percent (20%) or fifteen 
hundred (1500), whichever is less, of the qualified voters of the owner, 
requesting that an election be called and held on the question of the sale or 
lease with an option to sell the hospital, then it shall be the duty of the owner 
to call and provide for the holding of an election as petitioned for. In that case, 
no such sale or lease shall be entered into unless authorized by the affirmative 
vote of the majority of the qualified voters of the owner who vote on the 
proposition at such election. Notice of the election shall be given by publication 
in the same manner as provided for the publication of the initial resolution. 
The election shall be conducted and the return thereof made, canvassed and 
declared in the same manner as provided by law in the case of general elections 
in the owner. If, on or before the date proposed for the sale or lease of the 
hospital, no such petition is filed with the clerk of the owner, then the owner 
may sell or lease with an option to sell the hospital. Such sale or lease shall be 
made to the respondent submitting the highest and best proposal. In no case 
may the owner deviate from the process provided for in the request for 
proposals. 

(11) A lessee of a community hospital, under a lease entered into under the 
authority of Section 41-13-15, in effect prior to July 15, 1993, or an affiliate 
thereof, may extend or renew such lease whether or not an option to renew or 
extend the lease is contained in the lease, for a term not to exceed fifteen (15) 
years, conditioned upon (a) the leased facility continuing to operate in a manner 
safeguarding community health interest; (b) proceeds from the lease being first 
applied against such bonds, notes or other evidence of indebtedness as are issued 
pursuant to Section 41-13-19; (c) surplus proceeds from the lease being used for 
health related purposes; (d) subject to the express approval of the board of 
trustees of the community hospital; and (e) subject to the express approval of the 
owner. If no board of trustees is then existing, the owner shall have the right to 

194 



Community Hospitals § 41-13-15 

enter into a lease upon such terms and conditions as agreed upon by the parties. 
Any lease entered into under this subsection (11) may contain an option to 
purchase the hospital, on such terms as the parties shall agree. 

SOURCES: Codes, 1942, § 7129-50; Laws, 1944, ch. 277, § 1; Laws, 1946, ch. 412, 
§ 1; Laws, 1948, ch. 435, § 1; Laws, 1954, ch. 294, § 1; Laws, 1958, ch. 356; 
Laws, 1960, ch. 353; Laws, 1962, ch. 401; Laws, 1966, ch. 461, § 1; Laws, 1968, 
ch. 442, § 1; Laws, 1972, ch. 321, § 1; ch. 494, § 1; Laws, 1973, ch. 442, § 1; 
Laws, 1974, ch. 487; Laws, 1977, ch. 389; Laws, 1979, ch. 463; Laws, 1982, ch. 
395, § 1; Laws, 1985, ch. 511, § 4; Laws, 1987, ch. 494; Laws, 1988, ch. 387; 
Laws, 1989, ch. 426, § 1; Laws, 1990, ch. 383, § 1; Laws, 1992, ch. 551 § 1; 
Laws, 1993, ch. 535, § 1; Laws, 1994, ch. 546, § 1, eff from and after July 1, 
1994. 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

On July 15, 1993, the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 
1993, ch. 535, § 1. 

Cross References — Exercise of power of eminent domain, generally, see §§ 11-27-1 
et seq. 

Municipal power to establish and maintain hospitals, see §§ 21-17-1, 21-19-5, 
21-19-7. 

Regulation of hospitals, see §§ 41-9-1 et seq. 

Immunity of entities operating hospitals created under this section, liability insur- 
ance and waiver of immunity, see § 41-13-11. 

Provision that terms of lease of community hospital or any of its assets shall cover 
any indebtedness under this section, see § 41-13-15. 

Authorization for ad valorem tax supporting facilities and services established under 
provisions of §§ 41-13-15 through 41-13-51, see § 41-13-25. 

Power of the board of trustees of a hospital to appoint the administrator, superin- 
tendent or other chief officer of the hospital, see § 41-13-35. 

Authority of boards of trustees of community hospitals to contract with the Missis- 
sippi Hospital Equipment and Facilities Authority for financing or refinancing of 
hospital equipment or facilities, see § 41-73-47. 

Institutions for the aged and infirm, see §§ 43-11-1 et seq. 

JUDICIAL DECISIONS 

1. In general. erned by a board of trustees jointly ap- 

A hospital which was jointly owned by a pointed by the city council and the county 

city and a hospital district, and was gov- board of supervisors, was a "subdivision 

195 



§ 41-13-15 



Public Health 



[of the state] or municipal corporation 
thereof" within the meaning and contem- 
plation of Art 4, § 104 of the Mississippi 
Constitution and § 15-1-51. Thus, the 
7-year period of limitations governing 
judgment liens set forth in § 15-1-47 was 
inoperative against the hospital. Enroth v. 
Memorial Hosp., 566 So. 2d 202 (Miss. 
1990). 

A local law authorizing a city to issue 
bonds for the purpose of acquiring hospi- 
tal facilities to be leased to a non-profit 
corporation provided an alternative to the 
method of acquiring hospitals provided by 
general law and did not suspend the gen- 
eral law, as prohibited by Mississippi Con- 
stitution, Article 4, § 87; thus, Mississippi 
Constitution, Article 4, § 89 was applica- 
ble. Kerley v. City of Hattiesburg, 361 So. 
2d 44 (Miss. 1978). 

Trustees of a community hospital jointly 
owned by Prentiss County and the City of 
Booneville did not have the authority un- 
der this section to expend public funds to 
convert the hospital nurses' quarters into 



a private doctor's offices and to lease these 
converted facilities to a doctor engaged in 
private practice. Competing physicians, 
as taxpayers, had standing to bring suit to 
enjoin the trustees from leasing the offices 
to the private physician. Prichard v. 
Cleveland, 314 So. 2d 729 (Miss. 1975). 

Under this section [Code 1942, § 7129- 
50], city is authorized, without violating 
§ 183 of Constitution, prohibiting dona- 
tions to individuals or private corpora- 
tions, to contribute lots to supervisors' 
districts for the establishment of a com- 
munity hospital. City of Indianola v. Sun- 
flower County, 209 Miss. 116, 46 So. 2d 81 
(1950). 

Seeking and effecting co-operation of 
other agencies as authorized by the stat- 
ute is a matter within the discretion of the 
board, and is not a prerequisite to the 
issuance of the bonds on behalf of the two 
districts constituting the hospital area. 
Board of Supvrs v. State ex rel. Patterson, 
206 Miss. 443, 40 So. 2d 273 (1949). 



ATTORNEY GENERAL OPINIONS 



When all legal requirements for estab- 
lishment, operation and designation of 
service area of home health agency were 
fully complied with and agency had ac- 
quired all proper certificates and/or per- 
mits required by law and was in compli- 
ance with all applicable state and federal 
laws and regulations, city did have legal 
authority to continue as owner of Home 
Health Agency and operate agency in its 
multi-county service area. King, March 
17, 1994, A.G. Op. #94-0084. 

The review and analysis conducted un- 
der Section 41-13-15(8) should provide 
enough information for owners to make a 
decision concerning which option would be 
best for the community. Ross, October 4, 
1995, A.G. Op. #95-0631. 

Based on the facts, if property is a 
leased facility rather than a community 
hospital, then the board would not be 
subject to the statutory requirements of 
Section 41-13-15 when selling the prop- 
erty. The Board of Supervisors may sell 
the property in the manner provided for in 
Sections 19-7-3 and 19-7-5. Hall, August 
23, 1996, A.G. Op. #96-0521. 



If, after the review required by subsec- 
tion eight of this section is carried out, the 
owner a hospital determines that it is in 
the best interest of the community that 
the hospital be leased to a nonprofit entity 
and that such arrangement would better 
serve the health care needs of the commu- 
nity, it is within the power of the owner, 
acting in connection with the hospital 
board of trustees, to limit proposals to 
lease to such nonprofit entities. Slade, 
Dec. 19, 1997, A.G. Op. #97-0772. 

Aboard of supervisors owning a commu- 
nity hospital within the meaning of this 
section must, if it elects to lease the com- 
munity hospital without an option to sell, 
solicit bids therefor by advertisement. 
Huff, August 7, 1998, A.G. Op. #98-0439. 

Pursuant to subsection (7) of this sec- 
tion, and subject to the applicable provi- 
sions of subsections (8), (9), and (10) of 
this section, a lease or sale of a community 
hospital may be made under such terms 
and conditions as may be agreed upon by 
the owner and purchaser or lessee, and 
shall be conditioned, in part, upon the 
facility operating in a manner safeguard- 



196 



Community Hospitals 



§ 41-13-15 



ing community health interests; further, 
the terms of a proposed lease or sale may 
include a provision for reverter of the 
hospital to the municipality/owner in the 
event that the hospital ceases to operate 
as a hospital. Myers, February 19, 1999, 
A.G. Op. #99-0007. 

A county board of supervisors could ap- 
prove the assignment of a hospital lease 
from a nonprofit corporation to a for profit 
corporation without being subject to this 
section as the hospital was operated by a 
private, nonprofit corporation and was 
clearly a "leased facility" within the mean- 
ing of 41-13-10 (e). Haque, February 19, 
1999, A.G. Op. #99-0082. 

If a lease of a county owned hospital 
was entered into under authority of this 
section and prior to July 15, 1993, then 
the county could negotiate a lease renewal 
without advertising and could include 
therein an option to purchase. Lee, March 
3, 1999, A.G. Op. #99-0048. 

A board of trustees of a community 
hospital may convey real property owned 
by the hospital to the board of supervisors 
of the county in which the hospital is 
located. Hurt, May 14, 1999, A.G. Op. 
#99-0218. 

Sections 41-13-15 through 41-13-53 do 
not authorize the execution of a deed of 
trust or mortgage upon community hospi- 
tal real property as collateral for borrow- 
ings. Hurt, May 14, 1999, A.G. Op. #99- 
0218. 

Subsection (11) of this section permits a 
board of supervisors, which has permitted 
the sublease of a community hospital from 
the original lessor to a sublessee, to nego- 
tiate with the sublessee, without advertis- 
ing, for a renewal or extension of the 
original lease not to exceed 15 years upon 
compliance with the provisions of that 
subsection. Webb, May 21, 1999, A.G. Op. 
#99-0248. 

A county board of supervisors may cre- 
ate a nonprofit corporation and serve as 
the sole member thereof and may fund 
such corporation from the surplus pro- 
ceeds of a sale or lease of a community 
hospital owned by the county, when the 
funds are expended by the corporation to 
improve the quality of health care pro- 
vided to citizens and residents of the 
county, and providing instruction on the 



improvement of personal health. Griffith, 
July 23, 1999, A.G. Op. #99-0370. 

A county board of supervisors had the 
authority to lease a hospital or to sell or 
lease with an option to sell, provided all 
applicable requirements of the statute 
were satisfied prior to such transaction. 
Williamson, Feb. 4, 2000, A.G. Op. #99- 
0674. 

With regard to the lease of a hospital, a 
county board of supervisors was required 
to make appropriate findings upon the 
minutes that the terms of any lease that 
were agreed upon between the board and 
the lessee (a nonprofit corporation) were 
appropriate, considering the intent to con- 
tinue the provision of health care services 
to the community. Williamson, Feb. 4, 
2000, A.G. Op. #99-0674. 

The owners of a community hospital 
could not adopt criteria and minimum 
requirements in a request for proposals 
under subsection (7) that would limit the 
respondents only to a nonprofit corpora- 
tion that had as its sole member the board 
of the hospital. Galloway, Feb. 11, 2000, 
A.G. Op. #2000-0036. 

The statute permits the inclusion of an 
option to purchase in an extension or 
renewal of a lease of a community hospital 
if the lease was in effect prior to July 15, 
1993 and, therefore, a county board of 
supervisors could amend an existing lease 
agreement, as extended, to include an 
option to purchase clause with the exist- 
ing lessee, thereby allowing the board to 
negotiate and sell the hospital without the 
necessity of advertisement for bids. Lee, 
Jr., March 3, 2000, A.G. Op. #2000-0098. 

The owners of a community hospital 
could not adopt criteria and minimum 
requirements in a request for proposals 
under subsection (7) that would limit re- 
spondents to a nonprofit corporation that 
had as its sole member the board of the 
hospital since such action would be com- 
pletely anticompetitive and thwart the 
legislative intent of the statute. Galloway, 
March 17, 2000, A.G. Op. #2000-0114. 

Certificates of need, licenses and per- 
mits, which empower community hospi- 
tals to exist and provide various medical 
services, are necessarily owned by the 
owners of the community hospital, but are 
managed and operated by the board of 



197 



§ 41-13-15 



Public Health 



trustees thereof; thus, applications for 
new certificates of need by an existing 
community hospital are effectively in the 
name of the owner but must be made by 
its board of trustees. Broussard, March 
29, 2000, A.G. Op. #2000-0156. 

A community hospital may not exceed 
the bounds of its service area and, there- 
fore, a county, as the owner of a commu- 
nity hospital, does not have authority to 
effect the transfer, under the guise of a 
lease, of a community hospital's assets, 
including licenses and licensed beds, to a 
for-profit corporation which will then use 
those licenses and licensed beds to open 
an existing, non-licensed hospital facility 
owned by it in another county not shown 
to be in its service area. Moody, May 24, 
2002, A.G. Op. #02-0273. 

Surplus proceeds from the sale of a 
nursing home owned by a county should 
be placed in the county's general fund and 
the county may then use those funds for 
any lawful purpose for which general 
funds may be expended: note that a 
county may not expend general fund mon- 
ies for the purpose of maintaining or con- 
structing county or municipal roads. 
Bailey, Jan. 31, 2003, A.G. Op. #03-0736. 

Owners of a community hospital have 
the statutory authority to enter into a 
lease with a private company. Thompson, 
Feb. 6, 2004, A.G. Op. 04-0010. 

Interpretation of the phrase "date pro- 
posed for the sale" as being the date es- 
tablished in the notice that proposals are 
to be received is logical and consistent 
with the purposes of the law. Mitchell, 
Mar. 5, 2004, A.G. Op. 04-0305. 

For the limited purposes of conducting 
the election provided for in subsection (10) 
of this section, the county and the city 
should be viewed as one owner. Mitchell, 
Mar. 5, 2004, A.G. Op. 04-0305. 

Petitions calling for an election on the 
question of the sale of a community hos- 
pital must be filed on or before the date 
the proposals for purchase of the hospital 
are received by the owner(s). Mitchell, 
Mar. 5, 2004, A.G. Op. 04-0305. 

This office is of the opinion that the 
board of trustees of a community hospital 
may separately or jointly contract for the 
lease of hospital property which will be 
used as the site of a specialized healthcare 



facility. Opinion duplicated in Brown, Apr. 
2, 2004, A.G. Op.04-0131. Sneed, Apr. 9, 
2004, A.G. Op. 04-0139. 

This office is of the opinion that the 
board of trustees of a community hospital 
may separately or jointly contract for the 
lease of hospital property which will be 
used as the site of a specialized healthcare 
facility. Opinion duplicated in Sneed, Apr. 
9, 2004, A.G. Op. 04-0139. Brown, Apr. 2, 

2004, A.G. Op. 04-0131. 

A county has the authority to perform 
work on county property used by a public 
community hospital and operated by a 
duly appointed board of trustees of the 
hospital. Brown, Aug. 20, 2004, A.G. Op. 
04-0374. 

If the board of supervisors, as owner of 
the community hospital, and the board of 
trustees, who operate and govern the hos- 
pital, agree to such a name change then 
the name of the hospital may be changed. 
McWilliams, Aug. 6, 2004, A.G. Op. 04- 
0366. 

A publically owned county hospital may 
enter into written "mutual aid" agree- 
ments for temporary loans of hospital 
equipment to for-profit private facilities in 
the area for emergency health use, pro- 
vided that, each temporary loan of equip- 
ment is approved by the hospital director. 
Brown, Aug. 23, 2004, A.G. Op. 04-0373. 

Under Section 33-21-l(a) [33-l-21(a)l, 
the fifteen-day annual maximum on mili- 
tary leave applies to a county employee, 
including an employee of a community 
hospital or county nursing home estab- 
lished pursuant to Section 41-13-15. Mc- 
Donald, Mar. 4, 2005, A.G. Op. 05-0064. 

Section 41-13-15(11) permits the inclu- 
sion of an option to purchase in a renewal 
of a community hospital lease which was 
in effect prior to July 15, 1993. Pursuant 
to the option to purchase, the county may 
then negotiate and sell the hospital with- 
out necessity of advertising for bids or 
otherwise complying with Sections 41-13- 
15(7), (8), (9) or (10). Sumners, Oct. 14, 

2005, A.G. Op. 05-0436. 

A county may amend an existing lease 
of a hospital to include an option for sale 
to the lessee on mutually agreeable terms, 
and, upon amendment, the county may 
negotiate and sell the hospital to the les- 
see without necessity of advertisement for 



198 



Community Hospitals § 41-13-19 

bids or compliance with Sections 41-13- the board of trustees, if any, have dis- 

15(7), (8), (9) and (10). Hudson, Feb. 24, solved and the board of supervisors is 

2006, A.G. Op. 06-0052. undertaking or has concluded the process 

In regard to the sale or lease of the of paying the debts of the hospital, then 
facilities currently used as a nursing there would be no contemporaneously ex- 
home and hospital, in reviewing all of the istent hospital and the board would not 
proposals, the county must accept the need to comply with Section 41-13-15 in 
"highest and best," but in no event may it the event of a sale. Logan, July 10, 2006, 
accept terms less than those which were A.G. Op. 06-0262. 

set out in the proposal. Dobbins, Apr. 7, A municipal corporation is a corporation 

2006, A.G. Op. 06-0054. within the meaning of Section 41-13-15, 

If a board of supervisors makes a fac- and, accordingly, a city authorized to pur- 

tual determination that a community hos- chase property under that statute. Logan, 

pital has ceased to use its building, and July 10, 2006, A.G. Op. 06-0262. 

RESEARCH REFERENCES 

ALR. Licensing and regulation of nurs- CJS. 41 C.J.S., Hospitals §§ 1, 8-10. 

ing or rest homes. 97 A.L.R.2d 1187. 
Am Jur. 40A Am. Jur. 2d, Hospitals and 

Asylums § 4. 

§ 41-13-16. Repealed. 

Repealed by Laws, 1980, ch. 456, eff from and after July 1, 1980. 
[Laws, 1972, ch. 321 § 1; Laws, 1972, 494, § 1; Laws, 1973, ch. 442 § 1] 

Editor's Note — Former § 41-13-16 authorized the establishment and operation of 
joint hospital laundry facilities. 

§ 41-13-17. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 

[Codes, 1942, § 7129-50; Laws, 1944, ch. 277, § 1; Laws, 1946, ch. 412, 
§ 1; Laws, 1948, ch. 435, § 1; Laws, 1954, ch. 294, § 1; Laws, 1958, ch. 356; 
Laws, 1960, ch. 353; Laws, 1962, ch. 401; Laws, 1966, ch. 461, § 1; Laws, 1968, 
ch. 442, § 1; Laws, 1981, ch. 484, § 17] 

Editor's Note — Former § 41-13-17 directed political subdivisions to cooperate with 
nonprofit corporations with respect to construction or operation of hospitals. 

§ 41-13-19. Issuance of bonds; election. 

Such counties, cities and towns, supervisors districts, judicial districts and 
election districts of a county are authorized and empowered to make appro- 
priations of the funds thereof for the purpose of Sections 41-13-15 through 
41-13-51, and are hereby authorized and empowered to issue and sell the 
bonds, notes or other evidences of indebtedness thereof, for the purpose of 
providing funds with which to acquire real estate for and to establish, erect, 
build, construct, remodel, add to, acquire, equip and furnish community 
hospitals, nurses' homes, health centers, health departments, diagnostic or 
treatment centers, rehabilitation facilities, nursing homes and related facili- 

199 



§ 41-13-19 Public Health 

ties under the provisions of such sections. Such bonds, notes or other evidences 
of indebtedness secured by a pledge of the full faith, credit, and resources of the 
issuing entity shall not be issued in an amount which will exceed the limit of 
indebtedness of the county, city, town, supervisors district, judicial district or 
election district issuing the same, as such limit is prescribed by Sections 19-9-1 
et seq., and Sections 21-33-301 et seq., Mississippi Code of 1972. 

Before issuing any such bonds, notes or other evidences of indebtedness 
secured by a pledge of the full faith, credit, and resources of the issuing entity, 
the board of supervisors, acting for a county or supervisors district, judicial 
district or election district thereof, or the mayor and board of aldermen, or city 
council, or other like governing body, acting for a city or town, shall adopt a 
resolution declaring its intention to issue the same, stating the amount and 
purposes thereof, whether such hospital, nurses' home, health center, health 
department, diagnostic or treatment center, rehabilitation facility, nursing 
home or related facilities are to be erected, acquired, remodeled, equipped, 
furnished, maintained and operated by such county, city, town or supervisors 
district separately, or jointly with one or more other counties, cities, towns, 
supervisors districts, judicial districts or election districts of a county, and 
fixing the date upon which further action will be taken to provide for the 
issuance of such bonds, notes or other evidences of indebtedness. The full text 
of such resolution shall be published once a week for at least three (3) 
consecutive weeks in at least one (1) newspaper published in the county or city, 
as the case may be, or if none be so published, in a newspaper having a general 
circulation therein. The first publication of such notice shall be made not less 
than twenty-one (21) days prior to the date fixed in such resolution, as 
aforesaid, and the last publication shall be made not more than seven (7) days 
prior to such date. If, on or prior to the date fixed in such resolution, as 
aforesaid, there shall be filed with the clerk of the body by which such 
resolution was adopted a petition signed by twenty percent (20%) or fifteen 
hundred (1500), whichever is less, of the qualified voters of such county, city, 
town, supervisors district, judicial district or election district, as the case may 
be, requesting that an election be called and held on the question of the 
issuance of such bonds, notes or other evidences of indebtedness, then it shall 
be the duty of the board of supervisors, board of aldermen, city council, or other 
governing body, as the case may be, to call and provide for the holding of an 
election as petitioned for. In such case no such bonds, notes or other evidences 
of indebtedness secured by a pledge of the full faith, credit, and resources of the 
issuing entity shall be issued unless authorized by the affirmative vote of a 
majority of the qualified voters of such county, city, town, supervisors district, 
judicial district or election district; as the case may be, who vote on the 
proposition at such election. Notice of such election shall be given by publica- 
tion in like manner as hereinabove provided for the publication of the initial 
resolution. Such election shall be conducted and the return thereof made, 
canvassed and declared as nearly as may be in like manner as is now or may 
hereafter be provided by law in the case of general elections in such county, 
city, town, supervisors district, judicial district or election district. 

200 



Community Hospitals § 41-13-19 

In the discretion of the board of supervisors, board of aldermen, city 
council, or other governing body, as the case may be, and after adoption of a 
resolution declaring its intention to issue such bonds, notes or other evidences 
of indebtedness secured by a pledge of the full faith, credit, and resources of the 
issuing entity, an election on the question of the issuance of such bonds, notes 
or other evidences of indebtedness may be called and held as hereinabove 
provided without the necessity of publishing said resolution and whether or 
not a protest to the issuance be filed with the clerk of the governing body In the 
event that the question of the issuance of such bonds, notes or other evidences 
of indebtedness secured by a pledge of the full faith, credit, and resources of the 
issuing entity be not authorized at such election, such question shall not again 
be submitted to a vote until the expiration of a period of six (6) months from 
and after the date of such election. 

In the event of any joint operation or proposed joint operation as provided 
by Section 41-13-15, there shall be separate bond issues, and the board or 
boards of supervisors acting for a county, supervisors district, judicial district 
or election district, the governing bodies of the municipality or municipalities, 
as the case may be, shall each issue the bonds, notes, or other evidences of 
indebtedness of the county, town, city, supervisors district, judicial district or 
election district, or districts, in such amounts as having been agreed upon by 
the respective boards of supervisors and governing bodies of the towns or cities, 
and in so doing follow and comply with the provisions of Sections 41-13-19 
through 41-13-23. 

SOURCES: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, 
§ 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; 
Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1, eff 
from and after passage (approved May 5, 1972). 

Editor's Note — Section 41-13-51 referred to in this section was repealed by Laws 
of 1982, ch. 395, § 6, eff from and after July 1, 1982. 

Cross References — General authority to issue bonds, see §§ 19-9-1 et seq. 

County debt limitation, see §§ 19-9-5, 31-15-5. 

Municipal debt limitation, see § 21-33-303. 

Depository for county and municipal hospital funds, see § 27-105-365. 

Provision that leased facility shall not be deemed a community hospital except for 
purposes of sections 41-13-19 through 41-13-25, see § 41-13-10. 

Interest on community hospital bonds and details and sale of bonds, see § 41-13-21. 

JUDICIAL DECISIONS 

1. In general. raised before the board of supervisors or 

2. Notice of intention to issue bonds. municipal authorities, and such objections 

3. Effect of election. cannot be properly raised in a suit for an 

injunction. Chambers v. Perry, 183 So. 2d 
1. In general. 645 (Miss. 1966). 

Validation proceedings are the exclusive Order of board of supervisors of county 

remedy for raising objections in connec- properly entered on its minutes for issu- 
tion with the issuance and sale of bonds, ing bonds "for the purpose of providing 
except those which could be or should be funds with which to acquire real estate 

201 



§ 41-13-19 



Public Health 



for, and to establish, erect, build, con- 
struct, acquire, equip, furnish and operate 
a county community hospital, nurses' 
home and related facilities, for and within 
the limits of Tishomingo County," is valid 
order which cannot be made invalid by 
stipulation of attorneys filed in hearing of 
protest against bond issue that supervi- 
sors had agreed to use part of bond issue 
for purposes of health center at Belmont 
while hospital was to be built at Iuka, as 
attorneys cannot, by stipulation, amend 
orders of board of supervisors, or bind 
taxpayers of county. Board of Supvrs. v. 
Dawson, 208 Miss. 666, 45 So. 2d 253 
(1950). 

Where resolution of board of supervi- 
sors authorizing bond issue for hospital 
provided a rate of interest amounting to 
2.897938%, when premium of $11.00 was 
included, or 2.899031%, when premium 
was not included, resolution did not pro- 
vide greater rate of interest than that 
stipulated in buyers' bid, that is, an aver- 
age interest cost of 2.90% and bonds were 
not void on that ground. Board of Supvrs. 
v. Dawson, 208 Miss. 666, 45 So. 2d 253 
(1950). 

Even if coupons on bonds issued under 
this section [Code 1942, § 7129-51] ex- 
ceed the bids, this is not sufficient to avoid 
bond issue. Board of Supvrs. v. Dawson, 
208 Miss. 666, 45 So. 2d 253 (1950). 

2. Notice of intention to issue bonds. 

A resolution adopted by a county board 
of supervisors pursuant to this section 
was not fatally defective for failing to 
state whether the planned nursing home 
was to be run by the county alone or 
jointly with some other political subdivi- 
sion where it was clear from the resolu- 
tion's provisions regarding the issuance of 
the bonds and conduct of the election that 
the county would be the sole participant. 
Crocker v. Board of Supvrs., 331 So. 2d 
907 (Miss. 1976). 



The requirement of this section [Code 
1942, § 7129-51] that the notice of inten- 
tion to issue bonds contain the full text of 
the resolution is not implicitly abrogated 
in the case of bonds issued under other 
statutes; and failure to comply therewith 
renders the proceedings invalid. In re 
$500,000 Pub. Imp. Gen. Obligation 
Bonds, 247 Miss. 448, 152 So. 2d 698 
(1963). 

Use of statutory phrase, "related facili- 
ties" in resolution of board of supervisors 
declaring its intention to issue bonds un- 
der this section [Code 1942, § 7129-51] to 
obtain hospital and related facilities and 
use of same phrase in notice of special 
election did not render bond issue void, 
because it failed sufficiently to inform 
electors of purpose for which it was to be 
made. Board of Supvrs. v. Dawson, 208 
Miss. 666, 45 So. 2d 253 (1950). 

3. Effect of election. 

The result of an election under this 
section [Code 1942, § 7129-51] is not a 
mere plebiscite to test public sentiment, 
but the wishes of the electorate, invited by 
the board, and formally and fully ex- 
pressed, constitute a mandate to the 
board to issue the bonds. Board of Supvrs 
v. State ex rel. Patterson, 206 Miss. 443, 
40 So. 2d 273 (1949). 

Mandamus will lie to compel board of 
supervisors to issue bonds for purpose of 
acquiring land for constructing and oper- 
ating a community hospital after election 
in favor thereof was had pursuant to the 
provisions of Laws 1944, ch 277, as 
amended by Laws 1946, ch 412 (Code 
1942, §§ 7129-50 et seq.), notwithstand- 
ing subsequent order of board rescinding 
its action, since a validating act elimi- 
nated any irregularity in the proceeding 
with respect to the election. Board of 
Supvrs v. State ex rel. Patterson, 206 
Miss. 443, 40 So. 2d 273 (1949). 



ATTORNEY GENERAL OPINIONS 



If county wants to guarantee payment 
on loans from banks to community hospi- 
tal, board of supervisors must comply with 
procedures outlined in Sections 41-13-19 



through 41-13-23 of Mississippi Code for 
issuance of bonds, notes and other evi- 
dence of indebtedness. Palmer, Feb. 16, 
1994, A.G. Op. #93-0990. 



202 



Community Hospitals § 41-13-21 

§ 41-13-21. Details of bonds; interest; sale. 

Such bonds, notes or other evidences of indebtedness as are issued 
pursuant to Section 41-13-19 shall bear such date or dates, shall be of such 
denomination or denominations, shall be payable at such place or places, shall 
bear such rate or rates of interest, and shall mature in such amounts and at 
such times, not to exceed twenty (20) years for general obligation bonds and 
not to exceed thirty (30) years for revenue bonds, as may be provided and 
directed by the board of supervisors, board of aldermen, city council, or other 
like governing body, as the case may be, consistent with the provisions of 
Sections 41-13-19 through 41-13-23. 

Any provisions of the general laws to the contrary notwithstanding, any 
bonds and interest coupons issued pursuant to the authority of Section 
43-13-19 shall possess all the qualities of negotiable instruments. The bonds 
and the interest coupons shall be executed in such manner and shall be 
substantially in the form prescribed in the authorizing ordinance. In case any 
of the officers whose signatures or countersignatures appear on the bonds or 
interest coupons shall cease to be such officers before delivery of such bonds, 
such signatures or countersignatures shall nevertheless be valid and sufficient 
for all purposes the same as if they had remained in office until such delivery. 
No bond shall bear more than one (1) rate of interest. Each bond shall bear 
interest from its date to its stated maturity date at the interest rate specified 
in the bid. All bonds of the same maturity shall bear the same rate of interest 
from date to maturity. All interest accruing on such bonds so issued shall be 
payable semiannually or annually, except that the first interest coupon 
attached to any such bond may be for any period not exceeding one (1) year. 

No interest payment shall be evidenced by more than one (1) coupon and 
neither cancelled nor supplemental coupons shall be permitted. The lowest 
interest rate specified for any bonds issued shall not be less than seventy percent 
(70%) of the highest interest rate specified for the same bond issue. Each interest 
rate specified in any bid must be in multiples of one-eighth of one percent (Vs of 
1%) or one-tenth of one percent (Vio of 1%). If serial bonds, such bonds shall 
mature annually, and the first maturity date thereof shall not be more than five 
(5) years from the date of such bonds. Such bonds shall be legal investments for 
trustees and other fiduciaries, and for savings banks, trust companies and 
insurance companies organized under the laws of the State of Mississippi. The 
bonds and interest coupons shall be exempt from all state, county, municipal and 
other taxation under the laws of the State of Mississippi. 

All bonds, notes or other evidences of indebtedness secured by a pledge of 
the full faith, credit and resources of the issuing entity shall not bear a rate of 
interest in excess of that allowed in Section 75-17-101, Mississippi Code of 
1972, and shall be sold for not less than par plus accrued interest at public sale 
in the manner provided by Section 31-19-25. 

All bonds, notes or other evidences of indebtedness not secured by a pledge 
of the full faith, credit and resources of the issuing entity shall not bear a rate 
of interest in excess of that allowed in Section 75-17-103, Mississippi Code of 

203 



§ 41-13-23 Public Health 

1972, and shall be sold for not less than par plus accrued interest at public sale 
in the manner provided by Section 31-19-25. 

Bonds, notes or other evidences of indebtedness may be sold to the United 
States of America or an agency or agencies thereof at private sale upon such 
terms and conditions as the governing authorities of the issuing entity may 
determine, consistent with the provisions of Sections 41-13-19 through 41-13-23. 

SOURCES: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, 
§ 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; 
Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1; 
Laws, 1975, ch. 452; Laws, 1976, ch. 410; Laws, 1977, ch. 480; Laws, 1980, ch. 
490, § 3; Laws, 1981, ch. 455, § 3; Laws, 1982, ch. 434, § 21; Laws, 1983, ch. 
541, § 26, eff from and after passage (approved April 25, 1983). 

Cross References — Provision that leased facility shall not be deemed a community 
hospital except for purposes of Sections 41-13-19 through 41-13-25, see § 41-13-10. 

Limitation on the maximum interest rate to maturity on obligations issued under the 
provisions of this section, see § 75-17-101. 

JUDICIAL DECISIONS 

1. In general. 2.897938%, when premium of $11.00 was 
Even if coupons on bonds issued under included, or 2.899031%, when premium 
this section [Code 1942, § 7129-51] ex- was not included, resolution did not pro- 
ceed the bids, this is not sufficient to avoid vide greater rate of interest than that 
bond issue. Board of Supvrs. v. Dawson, stipulated in buyers' bid, that is, an aver- 
208 Miss. 666, 45 So. 2d 253 (1950). age interest cost of 2.90% and bonds were 
Where resolution of board of supervi- not void on that ground. Board of Supvrs. 
sors authorizing bond issue for hospital v. Dawson, 208 Miss. 666, 45 So. 2d 253 
provided a rate of interest amounting to (1950). 

§ 41-13-23. Levy of ad valorem tax or pledge of revenues to 
pay bonds. 

(1) All bonds, notes or other evidences of indebtedness issued under 
Section 41-13-19 may be secured by a pledge of the full faith, credit, and 
resources of the county, city, town, supervisors district, judicial district or 
election district issuing the same. There shall annually be levied upon all 
taxable property within such county, city, town, supervisors district, judicial 
district or election district, as the case may be, an ad valorem tax, in addition 
to all other taxes, sufficient to provide for the payment of the principal of and 
the interest on said bonds, notes or other evidences of indebtedness secured by 
a pledge of the full faith, credit, and resources of the issuing entity as the same 
respectively matures and accrues. ■ 

(2) All bonds, notes or other evidences of indebtedness issued under 
Section 41-13-19 may be secured by a pledge of all or a specified portion of the 
annual general or special revenues of the facility for which the same were 
issued to acquire, construct, expand, equip or furnish, or by a pledge of any 
unrestricted unencumbered income from an endowment or other trust funds 
available to the board of trustees of the facility for which the same were issued 

204 



Community Hospitals § 41-13-24 

to acquire, construct, expand, equip or furnish. The security for such bonds, 
notes or other evidences of indebtedness authorized and provided for by this 
subsection may be in addition to or in lieu of the pledge of the full faith, credit, 
and resources of the issuing entity as provided in subsection (1) hereof. 

SOURCES: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, 
§ 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; 
Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1, eff 
from and after passage (approved May 5, 1972). 

Cross References — Local ad valorem tax levies, generally, see §§ 27-39-301 et seq. 
Provision that leased facility shall not be deemed a community hospital except for 
purposes of Sections 41-13-19 through 41-13-25, see § 41-13-10. 

JUDICIAL DECISIONS 

1. In general. general law and did not suspend the gen- 
A local law authorizing a city to issue eral law, as prohibited by Mississippi Con- 
bonds for the purpose of acquiring hospi- stitution, Article 4, § 87; thus, Mississippi 
tal facilities to be leased to a non-profit Constitution, Article 4, § 89 was applica- 
corporation provided an alternative to the ble. Kerley v. City of Hattiesburg, 361 So. 
method of acquiring hospitals provided by 2d 44 (Miss. 1978). 

ATTORNEY GENERAL OPINIONS 

A county board of supervisors that has hospital may use revenues from the oper- 
issued bonds pursuant to Miss. Code Sec- ation of the hospital to pay off such bonds, 
tion 41-13-19 for the construction of a Dulin, Aug. 22, 1997, A.G. Op. #97-0530. 

§ 41-13-24. Obtaining federal assistance. 

Such counties, cities and towns, supervisors districts, judicial districts and 
election districts of a county are authorized and empowered to apply for, 
contract for, accept and receive grants and loans and loan guarantee agree- 
ments relating to assistance for the construction of hospital and medical 
facilities and to that end the governing bodies of such counties, cities and 
towns, supervisors districts, judicial districts and election districts of a county 
are authorized and empowered to enter into such contracts with the United 
States of America or the agencies or departments thereof as may be necessary 
to effectuate the purpose of Sections 41-13-15 through 41-13-51. 

Any such county, city and town, supervisors district, judicial district or 
election district, which shall have entered into a binding contract with the 
United States of America or any agency or department thereof as aforesaid for 
any such grant, loan or loan guarantee agreement, may borrow money from 
any private lender for the purpose of providing interim financing for the 
acquiring, constructing, expanding, equipping and furnishing of the facilities 
provided for in such contract with the United States of America or agency or 
department thereof and assign as security for such interim financing the 
proceeds of any such grant, loan or loan guarantee agreement. Such interim 
financing shall be upon such terms and conditions as may be determined by the 

205 



§ 41-13-25 Public Health 

issuing entity but shall not require payment of interest on the sums actually 
advanced and received at a rate of interest greater than that rate of interest 
authorized for interim financing by the state, counties, municipalities or 
political subdivisions thereof in Section 75-17-107, Mississippi Code of 1972. 

SOURCES: Codes, 1942, § 712951(e); Laws, 1972, ch. 447, § 1; Laws, 1975, ch. 
410; Laws, 1987, ch. 396, eff from and after passage (approved March 20, 

1987). 

Editor's Note — Section 41-13-51 referred to in this section was repealed by Laws 
of 1982, ch. 395, § 6, eff from and after July 1, 1982. 

§ 41-13-25. Imposition of ad valorem tax; retirement of debt. 

The board of supervisors acting for a county, supervisors district or districts 
or an election district of such county, and the board of aldermen, city council or 
other like governing body acting for a city or town, are hereby authorized and 
empowered to levy ad valorem taxes on all the taxable property of such counties, 
cities, towns, supervisors district or election district for the purposes of raising 
funds for the maintenance and operation of hospitals, nurses' homes, health 
centers, health departments, diagnostic or treatment centers, rehabilitation 
facilities, nursing homes and related facilities established under the provisions of 
Sections 41-13-15 through 41-13-51, and for making additions and improvements 
thereto and to pledge such ad valorem taxes, whether or not actually levied, for 
the retirement of debt incurred either by or on behalf of such facilities and/or 
pursuant to agreements executed under the authority of the Mississippi Hospital 
Equipment and Facilities Authority Act; however, any debt incurred by the 
pledge of taxes to retire debt incurred either by or on behalf of such facilities 
and/or pursuant to such agreements shall not be included in debt limits 
prescribed by Section 19-9-5 or Section 21-33-303, as the case may be unless and 
until such pledged taxes are actually levied. The amount levied for such purpose 
shall not exceed five (5) mills on the dollar in any one (1) year. Expenditures of 
said taxes for such additions and improvements shall not exceed in any fiscal 
year the total amount budgeted therefor by the board of trustees for the 
respective institutions affected. The tax levy authorized in this section shall be in 
addition to all other taxes now or hereafter authorized to be levied by such 
counties, cities, towns, supervisors districts or election district. 

It is further provided that any such supervisors district in a county with 
a land area of five hundred ninety- two (592) square miles, wherein Mississippi 
Highways 8 and 9 intersect, participating with a municipality under provi- 
sions of law by contracting to assist the cost of operation and maintenance of 
an erected hospital, may levy such ad valorem tax as is needed to operate and 
maintain such hospital as is provided herein. 

SOURCES: Codes, 1942, § 7129-52; Laws, 1944, ch. 277, § 3; Laws, 1946, ch. 412, 
§ 3; Laws, 1948, ch. 435, § 3; Laws, 1954, ch. 294, § 3; Laws, 1958, ch. 550; 
Laws, 1968, ch. 442, § 3; Laws, 1987, ch. 526; Laws, 1991, ch. 389 § 1, eff from 
and after passage (approved March 15, 1991). 

206 



Community Hospitals § 41-13-29 

Editor's Note — Section 41-13-51 referred to in this section was repealed by Laws 
of 1982, ch. 395, § 6 eff from and after July 1, 1982. 

The Mississippi Hospital Equipment and Facilities Authority Act is codified at 
§§ 41-73-1 et seq. 

Cross References — Local ad valorem tax levies, generally, see §§ 27-39-301 et seq. 

Provision that leased facility shall not be deemed a community hospital except for 
purposes of Sections 41-13-19 through 41-13-25, see § 41-13-10. 

ATTORNEY GENERAL OPINIONS 

Miss. Code Section 41-13-25 specifically Should the Board of Supervisors choose 
authorizes board of supervisors of county to pledge ad valorem taxes to retire a note 
and governing body of city to levy taxes for incurred for the purpose of meeting the 
maintenance and operation of hospital current unpaid expenses, they are permit- 
created under Miss. Code Sections 41- ted to do so by the language of Section 
13-15 through 41-13-51; according to 4=1-13-25 if the Board makes a specific 
Miss. Code Section 41-13-25, such levy f actu al finding that it is necessary for the 
may not exceed five million dollars; fur- retirem ent of debt of the hospital. Webb, 
ther, Miss. Code Section 41-13-25 autho- October 5, 1995, A.G. Op. #95-0681. 
nzes governing bodies to pledge these -,, . ,, ., r ,* u i r 
*f , . to , p, i , . ° i There is no authority tor the board ol 
taxes to retirement of debt incurred on r r. , ., , , 
behalf of facility, regardless of whether tax trustees °J a community hospital to ac- 
has actually been levied. Chamberlin, <l uire an f use sma11 Purchase procure- 
Feb. 25, 1993, A.G. Op. #93-0050. ment cards > Le -> credlt cards > lssued m the 

County is limited to expending maximum name of the hospital to be used by employ- 

offive mills for maintenance and operation ees in making small purchases for the 

of county hospital in any one year. Palmer, hospital. Thornton, Feb. 9, 2001, A.G. Op. 

Feb. 16, 1994, A.G. Op. #93-0990. #2000-0770. 

§ 41-13-27. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 

[Codes, 1942, § 7129-54; Laws, 1944, ch. 277, § 4; Laws, 1948, ch. 413, 
§ 1; Laws, 1950, ch. 504, § 1; Laws, 1954, ch. 289, § 1; Laws, 1956, ch. 297, 
§ 1; Laws, 1958, ch. 363, § 1] 

Editor's Note — Former § 41-13-27 created boards of trustees for municipal 
hospitals to operate such hospitals. 

§ 41-13-29. Board of trustees for county hospitals or other 
health facilities. 

(1) The owners are hereby authorized to appoint trustees for the purpose 
of operating and governing community hospitals. The appointees of each shall 
be adult legal residents of the county which has an ownership interest in said 
community hospital or the county wherein the municipality or other political 
subdivision holding the ownership interest in the community hospital is 
located. The authority to appoint trustees shall not apply to leased facilities, 
unless specifically reserved by the owner in the applicable lease agreement. 
The board of trustees shall consist of not more than seven (7) members nor less 
than five (5) members, except where specifically authorized by statute, and 
shall be appointed by the respective owners on a pro rata basis comparable to 

207 



§ 41-13-29 Public Health 

the ownership interests in the community hospital. Where such community 
hospital is owned solely by a county, or any supervisors districts, judicial 
districts or election district of a county, or by a municipality, the trustees shall 
be residents of the owning entity. Trustees for municipally owned community 
hospitals shall be appointed by the owner of said municipality. Trustees for a 
community hospital owned by a county shall be appointed by the board of 
supervisors with each supervisor having the right to nominate one (1) trustee 
from his district or from the county at large. Appointments exceeding five (5) 
in number shall be from the county at large. Trustees for a community hospital 
owned solely by supervisors districts, judicial districts or election district of a 
county, shall be appointed by the board of supervisors of said county from 
nominees submitted by the supervisor(s) representing the owner district(s). 

(2) Initially the board of trustees shall be appointed as follows: one (1) for 
a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of 
three (3) years, one (1) for a term of four (4) years, and one (1) for a term of five 
(5) years. Appointments exceeding five (5) in number shall be for terms of four 
(4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) 
years. No community hospital trustee holding office on July 1, 1982, shall be 
affected by this provision, but such terms shall be filled at the expiration 
thereof according to the provisions of this section, provided, however, that any 
other specific appointment procedures presently authorized shall likewise not 
be affected by the terms hereof. Any vacancy on the board of trustees shall be 
filled within ninety (90) days by appointment by the applicable owner for the 
remainder of the unexpired term. 

(3)(a) Any community hospital erected, owned, maintained and operated by 
any county located in the geographical center of the State of Mississippi and in 
which State Highways No. 12 and No. 35 intersect, shall be operated by a board 
of trustees of five (5) members to be appointed by the board of supervisors from 
the county at large, one (1) for a term of one (1) year, one (1) for a term of two 
(2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, 
and one (1) for a term of five (5) years. Thereafter all such trustees shall be 
appointed from the county at large for a period of five (5) years. 

(b) Any community hospital erected, owned, maintained and operated by 
any county situated in the Yazoo-Mississippi Delta Levee District and border- 
ing on the Mississippi River and having a population of not less than forty-five 
thousand (45,000) and having an assessed valuation of not less than Thirty 
Million Dollars ($30,000,000.00) for the year 1954, shall be operated by a board 
of trustees which may consist of not more than eleven (11) members. 

(c) Any hospital erected, owned, maintained and operated by any 
county having two (2) judicial districts, which is traversed by U. S. Interstate 
Highway 59, which intersects Highway 84 therein, shall be operated by a 
board of trustees which shall consist of seven (7) members. The first seven (7) 
members appointed under authority of this paragraph shall be appointed by 
the board of supervisors for terms as follows: 

Each supervisor of Supervisor Districts One and Two shall nominate and 
the board of supervisors shall appoint one (1) person from each said beat for a 

208 



Community Hospitals § 41-13-29 

one-year term. Each supervisor of Supervisor Districts Three and Four shall 
nominate and the board of supervisors shall appoint one (1) person from each 
said beat for a two-year term. The supervisor of Supervisor District Five shall 
nominate and the board of supervisors shall appoint one (1) person from said 
beat for a three-year term. The medical staff at the hospital shall submit a list 
of four (4) nominees and the supervisors shall appoint two (2) trustees from 
said list of nominees, one (1) for a three-year term and one (1) for a one-year 
term. Thereafter, as the terms of the board of trustee members authorized by 
this paragraph expire, all but the trustee originally appointed from the 
medical staff nominees for a one-year term shall be appointed by the board of 
supervisors for terms of three (3) years. The term of the trustee originally 
appointed from the medical staff nominees by the board of supervisors for a 
term of one (1) year shall remain a term of one (1) year and shall thereafter be 
appointed for a term of one (1) year. The two (2) members appointed from 
medical staff nominees shall be appointed from a list of two (2) nominees for 
each said position to be submitted by the medical staff of the hospital for each 
vacancy to be filled. It is the intent of the Legislature that the board of trustees 
which existed prior to July 1, 1985, was abolished by amendment to this 
section under Section 5, Chapter 511, Laws of 1985, and such amendment 
authorized the appointment of a new board of trustees on or after July 1, 1985, 
in the manner provided in this paragraph. Any member of the board of trustees 
which existed prior to July 1, 1985, shall be eligible for reappointment subject 
to the provisions of this paragraph. 

(d) Any community hospital erected, owned, maintained and operated 
by any county bordering on the Mississippi River having two (2) judicial 
districts, wherein U.S. Highway 61 and Mississippi Highway 8 intersect, 
lying wholly within a levee district, shall be operated by a board of trustees 
which may consist of not more than nine (9) members. 

(e) Any community hospital system owned, maintained and operated by 
any county bordering on the Gulf of Mexico and the State of Alabama shall be 
operated by a board of trustees constituted as follows: seven (7) members shall 
be selected as provided in subsection (1) of this section and the remaining 
members shall be the chiefs of staff at those hospitals which are a part of the 
hospital system. The term of the chiefs of staff on the board of trustees shall 
coincide with their service as chiefs of staff at their respective hospitals. 

(4) Any community hospital owned, maintained and operated by any 
county wherein Mississippi Highways 16 and 19 intersect, having a land area 
of five hundred sixty-eight (568) square miles, and having a population in 
excess of twenty- three thousand seven hundred (23,700) according to the 1980 
federal decennial census, shall be operated by a board of trustees of five (5) 
members, one (1) of whom shall be elected by the qualified electors of each 
supervisors district of the county in the manner provided herein. Each member 
so elected shall be a resident and qualified elector of the district from which he 
is elected. The first elected members of the board of trustees shall be elected at 
the regular general election held on November 4, 1986. At such election, the 
members of the board from supervisors districts one and two shall be elected 

209 



§ 41-13-29 Public Health 

for a term of six (6) years; members of the board from supervisors districts 
three and four shall be elected for a term of two (2) years; and the member of 
the board from supervisors district five shall be elected for a term of four (4) 
years. Each subsequent member of the board shall be elected for a term of six 
(6) years at the same time as the general election in which the member of the 
county board of education representing the same supervisors district is elected. 
All members of the board shall take office on the first Monday of January 
following the date of their election. The terms of all seven (7) appointed 
members of such board of trustees holding office on the effective date of this act 
shall expire on the date that the first elected members of the board take office. 
The board of trustees provided for herein shall not lease or sell the community 
hospital property under its jurisdiction unless the board of supervisors of the 
county calls for an election on the proposition and a majority voting in such 
election shall approve such lease or sale. 

The members of the board of trustees provided for in this subsection shall 
be compensated a per diem and reimbursed for their expenses and mileage in 
the same amount and subject to the same restrictions provided for members of 
the county board of education in Section 37-5-21 and may, at the discretion of 
the board, choose to participate in any hospital medical benefit plan which may 
be in effect for hospital employees. Any member of the board of trustees 
choosing to participate in such plan shall pay the full cost of his participation 
in the plan so that no expenditure of hospital funds is required. 

The name of any qualified elector who is a candidate for such community 
hospital board of trustees shall be placed on the ballot used in the general 
elections by the county election commissioners, provided that the candidate 
files with such county election commissioners, not more than ninety (90) days 
and not less than thirty (30) days prior to the date of such general election, a 
petition of nomination signed by not less than fifty (50) qualified electors of the 
county residing within each supervisors district. The candidate in each 
supervisors district who receives the highest number of votes cast in the 
district shall be declared elected. 

(5) A board of trustees provided for herein may, in its discretion, where 
funds are available, compensate each trustee per diem in the amount of at 
least the amount established by Section 25-3-69 up to the maximum amount of 
not more than One Hundred Fifty Dollars ($150.00) for each meeting of said 
board of trustees or meeting of a committee established by the board of 
trustees where the trustee was in attendance, and in addition thereto provide 
meals at such meetings and compensate each member attending travel 
expenses at the rate authorized by Section 25-3-41 for actual mileage traveled 
to and from the place of meeting. 

(6) The owner which appointed a trustee may likewise remove him from 
office by majority vote for failure to attend at least fifty percent (50%) of the 
regularly scheduled meetings of said board during the twelve-month period 
preceding such vote, or for violation of any statute relating to the responsibil- 
ities of his office, based upon the recommendation of a majority of the 
remaining trustees. 

210 



Community Hospitals § 41-13-29 

(7) The members of the board of trustees, administrator and any other 
officials of the community hospital as may be deemed necessary or proper by 
the board of trustees shall be under bond in an amount not less than Ten 
Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars 
($100,000.00) with some surety company authorized to do business in the State 
of Mississippi to faithfully perform the duties of his office. Premiums for such 
bonds shall be paid from funds of the community hospital. 

SOURCES: Codes, 1942, § 7129-55; Laws, 1944, ch. 277, § 5; Laws, 1948, ch. 413, 
§ 2; Laws, 1954, ch. 287; Laws, 1955, Ex. Sess. ch. 32, § 1; Laws, 1956, ch. 297, 
§ 2; Laws, 1958, ch. 363, § 2; Laws, 1962, ch. 402; Laws, 1976, ch. 321; Laws, 
1977, ch. 477; Laws, 1979, ch. 327; Laws, 1982, ch. 395, § 2; Laws, 1985, ch. 
511, § 5; Laws, 1986, ch. 458, § 37; Laws, 1995, ch. 378, § 1; Laws, 2009, ch. 
452, § 1, eff from and after July 1, 2009. 

Editor's Note — Section 37-5-21 referred to in (4) was repealed by Laws of 1986, ch. 
492, § 44, eff from and after July 1, 1987. 

Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

Laws of 1986, ch. 458, § 48, provided that § 41-13-29 would stand repealed from and 
after October 1, 1989. Subsequently, three 1989 chapters (341, 342, and 343) amended 
Section 48, Chapter 458, Laws of 1986, by deleting the date for repeal. 

Laws of 1986, ch. 462, § 1, proposed to amend this section, subject to approval under 
§ 5 of the Voting Rights Act of 1965, as amended and extended. This proposed 
amendment was found unconstitutional in Slater v. Neshoba County Board of Elections 
Commission, Cause No. 14034 (Neshoba County Ch. Ct., Oct. 8, 1986). Thereafter, the 
United States Attorney General issued no determination of pre-clearance of the 
amendment proposed by Section 1, Chapter 462, Laws, 1986, pursuant to the Voting 
Rights Act of 1965, as amended and extended. 

Amendment Notes — The 2009 amendment in (5), inserted "of at least the amount" 
and "up to the maximum amount of not more than One Hundred Fifty Dollars 
9$150.00)." 

Cross References — Definition of "board of trustees" for purposes of this chapter, 
see § 41-13-10. 

General powers and duties of the board of trustees for county hospitals, see 
§ 41-13-35. 

JUDICIAL DECISIONS 

1. In general. 1. In general. 

2. Liability of board of trustees. Since the office of community hospital 

3. Actions. trustee is a public office, Mississippi Con- 

211 



§ 41-13-29 



Public Health 



stitution § 90(o) is applicable to Missis- 
sippi Code § 41-13-29(3)(c). State ex rel. 
Pair v. Burroughs, 487 So. 2d 220 (Miss. 
1986). 

Since Mississippi Code § 41-13-29(3)(c) 
contravenes Mississippi Constitution 
§ 90, § 89 of the Constitution is inappli- 
cable. State ex rel. Pair v. Burroughs, 487 
So. 2d 220 (Miss. 1986). 

Subsection (3)(c) of Mississippi Code 
§ 41-13-29 is void in its entirety as in 
violation of the Mississippi Constitution. 
State ex rel. Pair v. Burroughs, 487 So. 2d 
220 (Miss. 1986). 

The appointment of claimant to office of 
Jones County Community Hospital 
trustee which was made pursuant to Mis- 
sissippi Code § 41-13-29(3)(c), containing 
prohibited "highway" language, was in- 
valid, and his claim for having been ap- 
pointed to an at-large position under sub- 
section (2) of the statute was without 
merit. State ex rel. Pair v. Burroughs, 487 
So. 2d 220 (Miss. 1986). 

That part of subsection (3)(c) referring 
to highways 59 and 84 bears no rational 
relationship to the means of appointing 
trustees. State ex rel. Pair v. Burroughs, 
487 So. 2d 220 (Miss. 1986). 

County hospital trustees may not make 
themselves an allowance for services, 
where the law makes no provision there- 
for, although they act in good faith and 
from honest motives. Golding v. Salter, 
234 Miss. 567, 107 So. 2d 348 (1958). 

Christmas bonuses to county hospital 
employees as a reward for faithful service, 
is not within powers of its trustees. 
Golding v. Salter, 234 Miss. 567, 107 So. 
2d 348 (1958). 

2. Liability of board of trustees. 

In a case in which a behavioral health 
limited liability company (LLC) con- 
tracted with a community hospital to op- 
erate and manage a behavioral unit, and 
the LLC had not requested a guarantee 
from the hospital board of trustees (trust- 
ees) or the county board of supervisors 
(supervisors), the simple fact that the hos- 



pital was under the direction and control 
of the trustees and the supervisors did not 
equate to a responsibility on their part to 
assume the contractual obligations of the 
hospital. Suns tone Behavioral Health, 
LLC v. Covington County Hosp., — F. 
Supp. 2d — , 2008 U.S. Dist. LEXIS 77381 
(S.D. Miss. Aug. 19, 2008). 

Members of a county hospital board are 
not personally liable for amounts paid in 
good faith to the administrator for travel- 
ing expenses in performance of his duties, 
to any employee for special service ren- 
dered while not on salary, for purchases of 
supplies without competitive bids, and for 
flowers purchased, as an expression of 
sympathy, for funerals of members of fam- 
ilies of hospital employees. Golding v. 
Salter, 234 Miss. 567, 107 So. 2d 348 
(1958). 

No provision is made as to liability of 
hospital board members for unauthorized 
or wrongful appropriation of hospital 
funds; hence such liability is governed by 
the common law rule that a public officer 
acting judicially or quasi-judicially is not 
liable if he acted in good faith within the 
scope of the subject matter over which he 
is given jurisdiction. Golding v. Salter, 234 
Miss. 567, 107 So. 2d 348 (1958). 

3. Actions. 

Since an action by a medical insurer for 
alleged overcharges by a hospital was not 
one in tort, but for money had and re- 
ceived, the county, the hospital and the 
hospital trustees were not entitled to have 
the action dismissed on the ground that it 
was an action in tort, and that they, as 
agents or subdivisions of the state, were 
immune to the suit. Reserve Life Ins. Co. 
v. Salter, 152 F. Supp. 868 (S.D. Miss. 
1957). 

Evidence of overcharges by a hospital, 
which was not rebutted, entitled medical 
insurer to judgment for money had and 
received against the county, county hospi- 
tal and the hospital administrator. Re- 
serve Life Ins. Co. v. Salter, 152 F. Supp. 
868 (S.D. Miss. 1957). 



ATTORNEY GENERAL OPINIONS 



Trustees for a community hospital 
owned by a county are to be appointed by 



the board of supervisors, with each board 
member having an exclusive right to nom- 



212 



Community Hospitals 



§ 41-13-35 



inate one member from their district or 
the community at large. Williamson, Jan. 
7, 1986, A.G. Op. #86-0001. 

In the event of a vacancy on the board of 
trustees for a community hospital owned 
by a county, each supervisor may select a 
nominee from his or her own district or 
the county at large, the board may vote to 
approve or reject that nominee, and if 
rejected, that supervisor may name a dif- 
ferent nominee. Peters, July 18, 1997, 
A.G. Op. #97-0372. 

If a member of the board of commission- 
ers of a county hospital moves to an adja- 
cent county, he is required to vacate his 
position, even if he has a business in the 
city which he continues to maintain. 
Dulin, April 30, 1999, A.G. Op. #99-0140. 

Each supervisor can nominate one 
trustee from his district or from the 
county at large, but they should make 
appointments exceeding five from the 
county at large. Minga, Oct. 19, 2001, A.G. 
Op. #01-0653. 

The failure of one district to have a 
trustee appointed by that district supervi- 
sor does not invalidate the appointment of 
the other trustees or the acts of the board. 
Minga, Oct. 19, 2001, A.G. Op. #01-0653. 

If the vacancy on the board of trustees 
for a county hospital is an at-large ap- 



pointment, the appointment shall be 
made within 90 days by the board of 
supervisors as a whole. However, if the 
vacancy is not an at-large appointment, 
the appropriate supervisor shall submit a 
nomination and the appointment shall be 
made within 90 days by the board of 
supervisors. Thompson, Feb. 6, 2004, A.G. 
Op. 04-0010. 

Members of boards of trustees of com- 
munity hospitals may not participate in 
hospitals' life and health insurance pro- 
grams after they leave their positions as 
trustees. James, Jan. 6, 2005, A.G. Op. 
05-0580. 

Trustees of a community hospital are 
entitled to be reimbursed at the rate of 20 
cents per mile for travel expenses in- 
curred while performing official duties; 
however, governing authorities of the 
county may authorize an increase in the 
mileage reimbursement in an amount not 
to exceed the rate authorized for state 
officers and employees in Section 25-3-41 
(1). Hall, July 29, 2005, A.G. Op. 05-0353. 

Members of boards of trustees of com- 
munity hospitals may not participate in 
hospitals' life and health insurance pro- 
grams after they leave their positions as 
trustees. James, Jan. 6, 2005, A.G. Op. 
05-0580. 



§§ 41-13-31 and 41-13-33. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 

§ 41-13-31. [Codes, 1942, § 7129-56; Laws, 1944, ch. 277; Laws, 1946, ch. 
412, § 4; Laws, 1948, ch. 435, § 4; Laws, 1956, ch. 297, § 3; Laws, 1958, ch. 
368, § 3; Laws, 1968, ch. 442, § 4; Laws,1978, ch. 321, § 1] 

§ 41-13-33. [Codes, 1942, § 7129-56.5; Laws, 1958, ch. 363, § 4; Laws, 
1966, chs. 460, 482; Laws, 1968, ch. 443, § 1; Laws, 1972, ch. 510, § 1; Laws, 
1981, ch. 436, § 2] 

Editor's Note — Former § 41-13-31 established boards of trustees for hospitals 
other than municipal or county hospitals. 

Former § 41-13-33 authorized the payment of compensation to board members. 

§ 41-13-35. General powers and duties of trustees; bonds; 
prohibited acts or behavior of trustees, individual trustee, 
or agent or servant of trustee. 

(1) The board of trustees of any community hospital shall have full 
authority to appoint an administrator, who shall not be a member of the board 
of trustees, and to delegate reasonable authority to such administrator for the 



213 



§ 41-13-35 Public Health 

operation and maintenance of such hospital and all property and facilities 
otherwise appertaining thereto. 

(2) The board of trustees shall have full authority to select from its 
members, officers and committees and, by resolution or through the board 
bylaws, to delegate to such officers and committees reasonable authority to 
carry out and enforce the powers and duties of the board of trustees during the 
interim periods between regular meetings of the board of trustees; provided, 
however, that any such action taken by an officer or committee shall be subject 
to review by the board, and actions may be withdrawn or nullified at the next 
subsequent meeting of the board of trustees if the action is in excess of 
delegated authority. 

(3) The board of trustees shall be responsible for governing the commu- 
nity hospital under its control and shall make and enforce staff and hospital 
bylaws and/or rules and regulations necessary for the administration, govern- 
ment, maintenance and/or expansion of such hospitals. The board of trustees 
shall keep minutes of its official business and shall comply with Section 
41-9-68. 

(4) The decisions of said board of trustees of the community hospital shall 
be valid and binding unless expressly prohibited by applicable statutory or 
constitutional provisions. 

(5) The power of the board of trustees shall specifically include, but not be 
limited to, the following authority: 

(a) To deposit and invest funds of the community hospital in accordance 
with Section 27-105-365; 

(b) To establish such equitable wage and salary programs and other 
employment benefits as may be deemed expedient or proper, and in so doing, 
to expend reasonable funds for such employee salary and benefits. Allowable 
employee programs shall specifically include but not be limited to, medical 
benefit, life, accidental death and dismemberment, disability, retirement 
and other employee coverage plans. The hospital may offer and fund such 
programs directly or by contract with any third party and shall be autho- 
rized to take all actions necessary to implement, administer and operate 
such plans, including payroll deductions for such plans; 

(c) To authorize employees to attend and to pay actual expenses 
incurred by employees while engaged in hospital business or in attending 
recognized educational or professional meetings; 

(d) To enter into loan or scholarship agreements with employees or 
students to provide educational assistance where such student or employee 
agrees to work for a stipulated period of time for the hospital; 

(e) To devise and implement employee incentive programs; 

(f) To recruit and financially assist physicians and other health-care 
practitioners in establishing, or relocating practices within the service area 
of the community hospital including, without limitation, direct and indirect 
financial assistance, loan agreements, agreements guaranteeing minimum 
incomes for a stipulated period from opening of the practice and providing 
free office space or reduced rental rates for office space where such recruit- 

214 



Community Hospitals § 41-13-35 

ment would directly benefit the community hospital and/or the health and 
welfare of the citizens of the service area; 

(g) To contract by way of lease, lease-purchase or otherwise, with any 
agency, department or other office of government or any individual, partner- 
ship, corporation, owner, other board of trustees, or other health-care facility, 
for the providing of property, equipment or services by or to the community 
hospital or other entity or regarding any facet of the construction, manage- 
ment, funding or operation of the community hospital or any division or 
department thereof, or any related activity, including, without limitation, 
shared management expertise or employee insurance and retirement pro- 
grams, and to terminate said contracts when deemed in the best interests of 
the community hospital; 

(h) To file suit on behalf of the community hospital to enforce any right 
or claims accruing to the hospital and to defend and/or settle claims against 
the community hospital and/or its board of trustees; 

(i) To sell or otherwise dispose of any chattel property of the community 
hospital by any method deemed appropriate by the board where such 
disposition is consistent with the hospital purposes or where such property 
is deemed by the board to be surplus or otherwise unneeded; 

(j) To let contracts for the construction, remodeling, expansion or acqui- 
sition, by lease or purchase, of hospital or health-care facilities, including real 
property, within the service area for community hospital purposes where such 
may be done with operational funds without encumbrancing the general funds 
of the county or municipality, provided that any contract for the purchase of 
real property must be ratified by the owner; 

(k) To borrow money and enter other financing arrangements for 
community hospital and related purposes and to grant security interests in 
hospital equipment and other hospital assets and to pledge a percentage of 
hospital revenues as security for such financings where needed; provided 
that the owner shall specify by resolution the maximum borrowing authority 
and maximum percent of revenue which may be pledged by the board of 
trustees during any given fiscal year; 

(I) To expend hospital funds for public relations or advertising pro- 
grams; 

(m) To offer the following inpatient and outpatient services, after 
complying with applicable health planning, licensure statutes and regula- 
tions, whether or not heretofore offered by such hospital or other similar 
hospitals in this state and whether or not heretofore authorized to be offered, 
long-term care, extended care, home care, after-hours clinic services, ambu- 
latory surgical clinic services, preventative health-care services including 
wellness services, health education, rehabilitation and diagnostic and treat- 
ment services; to promote, develop, operate and maintain a center providing 
care or residential facilities for the aged, convalescent or handicapped; and 
to promote, develop and institute any other services having an appropriate 
place in the operation of a hospital offering complete community health care; 

(n) To promote, develop, acquire, operate and maintain on a nonprofit 
basis, or on a profit basis if the community hospital's share of profits is used 

215 



§ 41-13-35 Public Health 

solely for community hospital and related purposes in accordance with this 
chapter, either separately or jointly with one or more other hospitals or 
health-related organizations, facilities and equipment for providing goods, 
services and programs for hospitals, other health-care providers, and other 
persons or entities in need of such goods, services and programs and, in 
doing so, to provide for contracts of employment or contracts for services and 
ownership of property on terms that will protect the public interest; 

(o) To establish and operate medical offices, child care centers, wellness 
or fitness centers and other facilities and programs which the board 
determines are appropriate in the operation of a community hospital for the 
benefit of its employees, personnel and/or medical staff which shall be 
operated as an integral part of the hospital and which may, in the direction 
of the board of trustees, be offered to the general public. If such programs are 
not established in existing facilities or constructed on real estate previously 
acquired by the owners, the board of trustees shall also have authority to 
acquire, by lease or purchase, such facilities and real property within the 
service area, whether or not adjacent to existing facilities, provided that any 
contract for the purchase of real property shall be ratified by the owner. The 
trustees shall lease any such medical offices to members of the medical staff 
at rates deemed appropriate and may, in its discretion, establish rates to be 
paid for the use of other facilities or programs by its employees or personnel 
or members of the public whom the trustees may determine may properly 
use such other facilities or programs; 

(p) Provide, at its discretion, ambulance service and/or to contract with 
any third party, public or private, for the providing of such service; 

(q) Establish a fair and equitable system for the billing of patients for 
care or users of services received through the community hospital, which in 
the exercise of the board of trustees' prudent fiscal discretion, may allow for 
rates to be classified according to the potential usage by an identified group 
or groups of patients of the community hospital's services and may allow for 
standard discounts where the discount is designed to reduce the operating 
costs or increase the revenues of the community hospital. Such billing 
system may also allow for the payment of charges by means of a credit card 
or similar device and allow for payment of administrative fees as may be 
regularly imposed by a banking institution or other credit service organiza- 
tion for the use of such cards; 

(r) To establish as an organizational part of the hospital or to aid in 
establishing as a separate entity from the hospital, hospital auxiliaries 
designed to aid the hospital, its patients, and/or families and visitors of 
patients, and when the auxiliary is established as a separate entity from the 
hospital, the board of trustees may cooperate with the auxiliary in its 
operations as the board of trustees deems appropriate; and 

(s) To make any agreements or contracts with the federal government 
or any agency thereof, the State of Mississippi or any agency thereof, and 
any county, city, town, supervisors district or election district within this 
state, jointly or separately, for the maintenance of charity facilities. 

216 



Community Hospitals § 41-13-35 

(6) No board of trustees of any community hospital may accept any grant 
of money or other thing of value from any not-for-profit or for-profit organiza- 
tion established for the purpose of supporting health care in the area served by 
the facility unless two-thirds (%) of the trustees vote to accept the grant. 

(7) No board of trustees, individual trustee or any other person who is an 
agent or servant of the trustees of any community hospital shall have any 
personal financial interest in any not-for-profit or for-profit organization 
which, regardless of its stated purpose of incorporation, provides assistance in 
the form of grants of money or property to community hospitals or provides 
services to community hospitals in the form of performance of functions 
normally associated with the operations of a hospital. 

SOURCES: Codes, 1942, § 7129-56.5; Laws, 1958, ch. 363, § 4; Laws, 1966, chs. 
460, 482; Laws, 1968, ch. 443, § 1; Laws, 1982, ch. 395, § 4; Laws, 1985, ch. 
511, § 6; Laws, 1993, ch. 535, § 2; Laws, 1994, ch. 407, § 1; Laws, 2004, ch. 
414, § 1, eff from and after July 1, 2004. 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

On July 15, 1993, the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 
1993, ch. 535, § 2. 

Cross References — Exemption of certain hospital records from requirement of 
public access, see § 41-9-68. 

Authority of community hospital administrator to exercise powers which have been 
delegated to him by board of trustees, see § 41-13-36. 

Requisite provisions of loan agreements between community hospital and physician, 
employee, or student, see § 41-13-38. 

Authority of boards of trustees of community hospitals to contract with the Missis- 
sippi Hospital Equipment and Facilities Authority for financing or refinancing of 
hospital equipment or facilities, see § 41-73-47. 

JUDICIAL DECISIONS 

1. In general. terial fact regarding whether the manager 

2. Liability. was an "instrumentality" of the nursing 

home; as an instrumentality of a commu- 

1. In general. n ity hospital, the manager was entitled to 

Given the context of the relationship the protections, limitations, and immuni- 

between the manager and the nursing ties of the Mississippi Tort Claims Act. 

home, there was no genuine issue of ma- Estate of Fedrick v. Quorum Health Res., 

217 



§ 41-13-35 



Public Health 



Inc., — So. 2d — , 2008 Miss. App. LEXIS 
672 (Miss. Ct. App. Nov. 4, 2008). 

Miss. Code Ann. § 41-13-35(5)(n) statu- 
torily empowered community hospital to 
contract with private physicians in gen- 
eral interest of serving and promoting the 
health and welfare of the citizens of Mis- 
sissippi, and a state entity did not lose its 
status under the Mississippi Tort Claims 
Act by merely contracting with a private 
entity; however, the medical center did 
not meet the statutory definition of a 
community hospital as it was not gov- 
erned, operated and maintained by a 
board of trustees as required by Miss. 
Code Ann. § 41-13-10(c) for a community 
hospital. Bolivar Leflore Med. Alliance, 
LLP v. Williams, 938 So. 2d 1222 (Miss. 
2006). 

Medical center was an instrumentality 
of the community hospital as the hospital 
had nearly total interest in the income 
and losses of the medical center and ma- 
jority control over the center's Executive 
Committee membership, which clearly 
qualified the hospital as an intermediary 
or agent through which certain functions 
of the hospital were accomplished; there- 
fore, the medical center was an instru- 
mentality of the hospital and as an instru- 
mentality, the center was entitled to the 
protections, limitations and immunities of 
the Mississippi Tort Claims Act. Bolivar 
Leflore Med. Alliance, LLP v. Williams, 
938 So. 2d 1222 (Miss. 2006). 

Because Mississippi law permitted hos- 
pital to enter into exclusive contract with 
physician for access to hospital's end stage 
renal disease (ESRD) units for out-patient 
kidney dialysis, such contract did not vio- 
late Mississippi's antitrust law. Martin v. 
Memorial Hosp., 130 F.3d 1143 (5th Cir. 
1997). 

Members of hospital board enjoyed 
qualified immunity with respect to state 
law tort and antitrust claims asserted by 
nephrologist, who was denied access jto 
hospital's end stage renal disease (ESRD) 
units for out-patient kidney dialysis upon 
severance of his practice from that of 
physician with whom hospital had exclu- 
sive contract for provision of such ser- 
vices; board members did not exceed their 
authority, as state law permitted them to 
enter into exclusive contract, and their 



entry into that contract and subsequent 
reiteration of it did not amount to inten- 
tional tortious interference with contract, 
as that contract pre-dated nephrologist's 
association with physician and hospital. 
Martin v. Memorial Hosp., 130 F.3d 1143 
(5th Cir. 1997). 

Municipal hospital was entitled to state 
action immunity from federal antitrust 
claim arising from its exclusive contract 
with medical supervisor, who performed 
chronic dialysis in its facility for end stage 
renal disease, as (1) it was subdivision of 
municipal corporation under §§ 41-13-10 
et seq., it was required to obtain certifi- 
cate of need under § 41-7-191(l)(a) and 
(b), and it had right under § 41-13- 
35(5)(g) to contract with any person to 
provide services, and (2) purpose of its 
contract to supervise special unit and per- 
form critical functions was to obtain phy- 
sician's dedicated services by displacing 
unfettered professional medical freedom, 
and allegedly anticompetitive results 
were thus foreseeable. Martin v. Memorial 
Hosp., 86 F.3d 1391 (5th Cir. 1996). 

Section 41-13-35 does not clearly articu- 
late a state policy to displace competition 
with regulation or monopoly public ser- 
vice, nor is the suppression of competition 
a foreseeable result of what § 41-13-35 
authorizes, and thus a defendant hospital 
was not entitled to state action immunity 
in an action in which a physician alleged 
that the hospital violated state and fed- 
eral antitrust law by maintaining an ex- 
clusive contract with another physician 
and denying his request to admit a pa- 
tient. Martin v. Memorial Hosp., 881 F. 
Supp. 1087 (S.D. Miss. 1995), rev'd on 
other grounds, 86 F.3d 1391 (5th Cir. 
1996). 

Even if a hospital had traditionally used 
funds from its "excess revenues" account 
to settle claims and pay judgments pursu- 
ant to the authority granted by § 41-13- 
35(5)(h), such expenditures would not con- 
stitute a waiver of immunity with regard 
to future "excess revenues." Womble ex 
rel. Havard v. Singing River Hosp., 618 
So. 2d 1252 (Miss. 1993). 

Community hospital employees who 
were terminated prior to effective date of 
1988 amendment of Miss. Code Anno. 
§ 41-13-35 acquired no property interest 



218 



Community Hospitals 



§ 41-13-35 



in their continued employment by virtue 
of enactment of that law. Johnson v. 
Southwest Miss. Regional Medical Ctr., 
878 F.2d 856 (5th Cir. 1989). 

Miss. Code § 41-13-35, together with 
overall statutory package, was intended 
to allow community hospitals to offer com- 
petitive health care services and does not 
authorize exclusion of competing provider, 
and thus does not support hospital's claim 
of clearly articulated state policy suffi- 
cient to provide hospital with immunity 
from anti-trust liability in action by inde- 
pendent, certified registered nurse anes- 
thetist, who had sued hospital for dam- 
ages arising from hospital's alleged 
interference with plaintiff's right to work 
at hospital. Wicker v. Union County Gen. 
Hosp., 673 F. Supp. 177 (N.D. Miss. 1987). 



2. Liability. 

In a case in which a behavioral health 
limited liability company (LLC) con- 
tracted with a community hospital to op- 
erate and manage a behavioral unit, and 
the LLC had not requested a guarantee 
from the hospital board of trustees (trust- 
ees) or the county board of supervisors 
(supervisors), the simple fact that the hos- 
pital was under the direction and control 
of the trustees and the supervisors did not 
equate to a responsibility on their part to 
assume the contractual obligations of the 
hospital. Sunstone Behavioral Health, 
LLC v. Covington County Hosp., — F. 
Supp. 2d — , 2008 U.S. Dist. LEXIS 77381 
(S.D. Miss. Aug. 19, 2008). 



ATTORNEY GENERAL OPINIONS 



Governing boards of public hospitals 
may, in their discretion, enter into a con- 
tract with a private insurance company 
for a retirement plan for their employees 
under authority of this section (Code 
1942, § 7129-56.5). Ops. A.G., 1963-1965, 
p 108. 

The board of trustees of a community 
hospital does not have the authority to 
make a loan to the a county board of 
supervisors if such a loan would not assist 
in the operation of the hospital. Brown, 
Nov. 27, 1991, A.G. Op. #91-0874. 

The board of trustees of a community 
hospital does not have the authority to 
terminate a lease contract without an 
event of default on the part of the physi- 
cian/tenant, and termination of such a 
lease arrangement is controlled by the 
terms and conditions of the original con- 
tract, assuming it is a valid and lawful 
lease. Nichols, June 19, 1992, A.G. Op. 
#92-0412. 

Board of trustees of county hospital can 
legally purchase building from local phy- 
sician and contract with physician as full- 
time employee of hospital; however, there 
is apparently no authority empowering 
boards of trustees of community hospitals 
to purchase "good will" through purchase 
of existing medical practice. Hurt, August 
3, 1992, A.G. Op. #92-0385. 

Community hospital may, through con- 
tract, provide organizational capital and 



assistance to Mississippi limited partner- 
ship for purposes of establishing outpa- 
tient care facilities, including construc- 
tion, acquisition, operation and 
maintenance of facilities; likewise, hospi- 
tal may lease property to partnership to 
be used as site for outpatient facility, 
contract for sale of outpatient services to 
partnership based on fair market value, 
and provide by contract that operating 
costs of outpatient facility incurred by 
hospital and partnership with which hos- 
pital has contracted to operate outpatient 
facility are to be reimbursed out of opera- 
tional revenue of facility. Cowart, August 
5, 1992, A.G. Op. #92-0098. 

Board of Trustees of county hospital has 
authority to purchase land, buildings, 
medical and laboratory equipment, ac- 
counts receivable and other tangible items 
to be utilized in a medical practice but has 
no such authority to purchase intangibles 
such as good will, patient referrals, etc. 
Hurt, Sept. 18, 1992, A.G. Op. #92-0660. 

Where there is no existing board for 
community hospital, supervisor's districts 
that own hospital may not, under Miss. 
Const. Sec. 183, execute guaranty as re- 
quired by loan agreement to fund reopen- 
ing of hospital. Lee, Dec. 9, 1992, A.G. Op. 
#92-0941. 

City and county may pledge ad valorem 
taxes that have not actually been levied or 



219 



§ 41-13-35 



Public Health 



collected as security for loan to commu- 
nity hospital, for purpose of operation and 
maintenance, including expenditures for 
recruitment of physicians as provided for 
in Miss. Code Section 41-13-35(5)(f). 
Chamberlin, Feb. 25, 1993, A.G. Op. #93- 
0050. 

Miss. Code Section 41-13-35(5)(g) pro- 
vides that trustees of hospital system, 
consisting of two general acute care com- 
munity hospitals owned by county, can 
contract with nonprofit corporation. 
Cowart, Mar. 10, 1993, A.G. Op. #92-1010. 

Miss. Code Section 41-13-35 gives board 
of trustees of community hospital broad 
authority in governing affairs of hospital, 
and this authority includes retaining 
counsel; whether board needs advice of 
counsel at every meeting or at particular 
meeting is matter within discretion of 
board. Hollimon, May 12, 1993, A.G. Op. 
#93-0274. 

Miss. Code Section 41-13-35(5) autho- 
rizes board of trustees to establish equita- 
ble wage and salary programs and em- 
ployment benefits; therefore, board, in its 
discretion, may reduce salary of adminis- 
trator or any other employee regardless of 
whether work load has been reduced. 
Hollimon, May 12, 1993, A.G. Op. #93- 
0274. 

Miss. Code Section 41-13-35(1) autho- 
rizes board of trustees of community hos- 
pital to appoint administrator and to del- 
egate reasonable authority to 
administrator for operation and mainte- 
nance of hospital; whether board should 
approve purchase of equipment or 
whether board should delegate some of 
this responsibility to administrator is 
matter for board to decide in exercise of 
sound discretion. Hollimon, May 12, 1993, 
A.G. Op. #93-0274. 

Miss. Code Section 41-13-35(3) gives 
hospital board broad authority and re- 
sponsibility for governing community hos- 
pital. Hollimon, May 12, 1993, A.G. Op. 
#93-0274. 

Hospital board of trustees has authority 
to remove any employee of community 
hospital pursuant to Miss. Code Section 
41-13-35. Hollimon, May 12, 1993, A.G. 
Op. #93-0274. 

Section 41-13-29(5) provides for com- 
pensation of trustees in form of per diem 



payments in amount established in Sec- 
tion 25-3-69 and no other compensation is 
provided; trustees for community hospital 
are not employees within meaning of Sec- 
tion 41-13-35(5)(b) for purposes of hospi- 
tal's self-funded medical plan. Genin, Jan. 
25, 1994, A.G. Op. #93-0852. 

Section 41-13-35(5)(n) authorizes the 
Board of Trustees of a community hospital 
to enter into contracts with an insurance 
reciprocal established pursuant to and op- 
erated in accordance with Section 41- 
13-10 et seq. Evans, August 25, 1995, A.G. 
Op. #95-0542. 

Based upon Section 41-13-35(o), ap- 
proval of the owner is required only if such 
acquisition includes the purchase of real 
property. Otherwise, the ratification of the 
owner is not legally required. Ross, May 
24, 1996, A.G. Op. #96-0333. 

A community hospital board of trustees 
would have authority to cause to be incor- 
porated a nonprofit foundation to solicit 
contributions and raise funds to support 
the hospital and its activities, but would 
be subject to the prohibitions against hav- 
ing any financial interest in the founda- 
tion; since such boards are entities and 
persons authorized to act as incorporators 
of Mississippi nonprofit corporations, a 
board would be authorized to act as an 
incorporator of a nonprofit foundation 
which would solicit contributions to sup- 
port hospital activities. O'Donnell, March 
27, 1998, A.G. Op. #98-0169. 

Paragraph (f) of subsection (5) autho- 
rizes hospital trustees, in their discretion, 
to offer financial and other incentives to 
recruit and retain the services of physi- 
cians in the hospital service area upon the 
proper findings of the facts necessary for 
the granting of such assistance set forth in 
the statute. Williams, August 28, 1998, 
A.G. Op. #98-0482. 

A community hospital is authorized to 
purchase all tangible assets of a physical 
therapy and rehabilitation practice for no 
more than fair market value, without re- 
gard to § 31-7-13 and the general bid 
procedures set out therein; however, if 
real property is to be purchased as a part 
of this transaction, such purchase must be 
ratified by the governing authorities con- 
stituting the owner or owners of the hos- 
pital; further, no consideration may be 



220 



Community Hospitals 



§ 41-13-35 



paid for intangible assets of the practice. 
Williams, May 14, 1999, A.G. Op. #99- 
0215. 

A community hospital may hire full- 
time medical transcriptionists who will 
complete the majority of their responsibil- 
ities while working at home and may also 
install and maintain the transcription 
equipment required by each such medical 
transcriptionist working from home. 
Bradley, July 30, 1999, A.G. Op. #99-0331. 

A board of trustees of a community 
hospital may acquire a building and re- 
lated equipment from a physician, with 
the permission of the owner of the commu- 
nity hospital, and lease the building back 
to the physician, and so long as the center 
is not a separate identifiable legal entity, a 
certificate of need therefor is not required. 
Hagwood, Jan. 28, 2000, A.G. Op. #2000- 
0017. 

A board of trustees of a community 
hospital may construct and equip a facil- 
ity suitable for a single service ambula- 
tory surgery facility and may thereafter 
lease such building and equipment to a 
physician. Hagwood, Jan. 28, 2000, A.G. 
Op. #2000-0017. 

If a lease of a building and/or equipment 
is for the purpose of recruiting and finan- 
cially assisting physicians and other 
health care practitioners in establishing 
or relocating practices within the service 
area of the community hospital, subsec- 
tion (5)(f) permits boards of trustees of 
community hospitals to provide financial 
incentives, including reduced rentals; 
however, if such a lease is not for such 
purpose, the board of trustees must obtain 
rent at the fair market value. Hagwood, 
Jan. 28, 2000, A.G. Op. #2000-0017. 

The board of trustees of a community 
hospital could act as the sole member of a 
Mississippi nonprofit corporation formed 
for the purposes of acquiring and holding 
real property adjacent to the hospital that 
would be leased to a Mississippi limited 
liability company, which would construct 
a medical office building on the property. 
Galloway, Feb. 11, 2000, A.G. Op. #2000- 
0036. 

Certificates of need, licenses and per- 
mits, which empower community hospi- 
tals to exist and provide medical services, 
are necessarily owned by the owners of 



the community hospital, but are managed 
and operated by its board of trustees; 
applications for new certificates of need by 
an existing community hospital are effec- 
tively in the name of the owner but must 
be made by its board of trustees. Brous- 
sard, March 29, 2000, A.G. Op. #2000- 
0156. 

Pursuant to subsection (5)(n) and by 
complying with it in situations it contem- 
plates, the board of trustees of a commu- 
nity hospital has the authority to enter 
into a limited liability company without 
the written approval of the board of super- 
visors so long as no capital contribution is 
made to the company. Broussard, March 
29, 2000, A.G. Op. #2000-0156. 

A community hospital may pay the cost 
of continuing education required by state 
law and associated expenses for the con- 
tinuing education of paramedics who have 
agreed to work for the hospital for a stip- 
ulated period of time. Pogue, Nov. 3, 2000, 
A.G. Op. #2000-0646. 

The proviso clause of subsection (5)(k) 
applies to new debt and new pledges in 
any given year, and does not require or 
contemplate a reauthorization of debt in- 
curred or pledges made in prior years. 
Williams, Oct. 12, 2001, A.G. Op. #01- 
0646. 

The board of trustees of a community 
hospital has authority to contract with the 
hospital administrator for the furnishing 
of a car, provided that the car part of the 
compensation package and is included in 
the administrator's contract as part of the 
compensation package and is not addi- 
tional compensation for services already 
rendered. McWilliams, Feb. 22, 2002, A.G. 
Op. #02-0059. 

A community hospital may not exceed 
the bounds of its service area and, there- 
fore, a county, as the owner of a commu- 
nity hospital, does not have authority to 
effect the transfer, under the guise of a 
lease, of a community hospital's assets, 
including licenses and licensed beds, to a 
for-profit corporation which will then use 
those licenses and licensed beds to open 
an existing, non-licensed hospital facility 
owned by it in another county not shown 
to be in its service area. Moody, May 24, 
2002, A.G. Op. #02-0273. 

Pursuant to Section 41-13-35(5)(g), the 
board of trustees of a community hospital 



221 



§ 41-13-35 



Public Health 



may enter into a lease agreement with an 
long term acute care (LTAC) hospital and, 
further, the board may enter into a con- 
tract with the LTAC hospital for provision 
of designated ancillary services. Cockrell, 
Mar. 7, 2003, A.G. Op. 03-0097. 

Under Section 41-13-35(5)(f) the board 
of trustees, in its discretion, may offer 
financial assistance to a hospital staffed 
physician already established in the ser- 
vice area for the purpose of defraying the 
cost of the physician's professional mal- 
practice insurance premiums, upon 
proper findings of facts necessary for the 
granting of such assistance set forth in the 
statute. O'Donnell, Apr. 18, 2003, A.G. Op. 
03-0173. 

It is clearly within the authority of the 
board of trustees of the Delta Regional 
Medical Center to establish an employee 
benefit and incentive program which be- 
comes part of the employment contract. 
Siler, July 18, 2003, A.G. Op. 03-0338. 

The board of trustees of a community 
hospital may adopt a disciplinary pro- 
gram for employees based on established 
parking policies. In turn, the hospital ad- 
ministrator has the power to enforce com- 
pliance with and obedience to that pro- 
gram. Dees, Oct. 24, 2003, A.G. Op. 03- 
0515. 

A community hospital has the authority 
to include a default provision in a contract 
for billing of patient services unless that 
provision is "expressly prohibited by ap- 
plicable statutory or constitutional provi- 
sions." Russell, Feb. 6, 2004, A.G. Op. 
04-0001. 

Whether a community hospital may 
properly consider accounts with payment 
arrangements "current" and "not in de- 
fault" as long as the patient complies with 
the agreed payment schedule is a factual 
determination which is left to the discre- 
tion of the board of trustees. Russell, Feb. 
6, 2004, A.G. Op. 04-0001. 

The board of trustees of a community 
hospital is empowered to enter into a 



contract with several physicians whereby 
a specialized healthcare facility will be 
jointly operated, and the contract may 
include provisions whereby the hospital 
will provide hospital space, certain equip- 
ment and services. Opinion duplicated in 
Brown, Apr. 2, 2004, A.G. Op.04-0131. 
Sneed, Apr. 9, 2004, A.G. Op. 04-0139. 

Subdivision (5)(b) of this section pro- 
vides the Hospital System the ability to 
adopt and administer an ineligible 457(f) 
plan. This opinion does not contradict 
earlier opinions nor supersede them in 
that they relate to the eligible 457(b) plan 
as provided for in §§ 25-14-1 et seq. Will- 
iams, May 14, 2004, A.G. Op. 03-0660. 

The board of trustees of a community 
hospital is empowered to enter into a 
contract with a private for-profit corpora- 
tion for the purpose of jointly developing 
and operating an assisted living facility at 
the hospital premises. O'Donnell, May 14, 
2004, A.G. Op. 04-0175. 

Boards of trustees of community hospi- 
tals have broad powers under this section, 
including the power to provide ambulance 
service or to contract with any third party, 
public or private, to provide such service. 
As such, the board of trustees of a commu- 
nity hospital would not be required to use 
an ambulance service that has been des- 
ignated by the county board of supervi- 
sors. Malone, July 16, 2004, A.G. Op. 
04-0295. 

A participating community hospital 
would not be authorized to make match- 
ing employer contributions in the deferred 
compensation program authorized under 
Sections 25-14-1 et seq. Robertson, June 
26, 2006, A.G. Op. 06-0241. 

While the board of trustees of a commu- 
nity hospital is not liable for payment of 
the taxes on the leasehold interest of a 
clinic used and occupied by the private 
physicians and may not pay the taxes for 
the physicians, the board may provide 
funds to the physicians as an incentive. 
Webb, Dec. 22, 2006, A.G. Op. 06-0629. 



RESEARCH REFERENCES 



ALR. Medical malpractice: hospital's li- 
ability for injury allegedly caused by fail- 
ure to have properly qualified staff. 62 
A.L.R.4th 692. 



Am Jur. 9A Am. Jur. Legal Forms 2d, 
Hospitals and Asylums § 136:42.2 (agree- 
ment between hospital and management 
services corporation). 



222 



Community Hospitals § 41-13-36 

§ 41-13-36. Employment of administrator; administrator's 
powers and duties. 

(1) A board of trustees may enter into a contract of employment with an 
administrator, the duration of which shall not exceed five (5) years, but which 
may periodically be renewed for additional years, provided that the duration of 
any such renewal contract shall not exceed five (5) years. 

(2) The administrator shall be the chief executive officer of the community 
hospital. Subject to any conflicting bylaws, resolutions, rules or regulations 
adopted by the board of trustees, the administrator's duties and powers shall 
include, but not be limited to, the following: 

(a) To employ and discharge employees, as needed for the efficient 
performance of the business of the community hospital and prescribe their 
duties; 

(b) To supervise and control the records, accounts, buildings and 
property of the community hospital and all internal affairs, and maintain 
discipline therein, and enforce compliance with, and obedience to, all rules, 
bylaws and regulations adopted by the board of trustees for the government, 
discipline and management of said hospital, and its employees and staff. 

(c) To attend meetings of the board of trustees and to keep the trustees 
advised of hospital business. 

(d) To exercise any of the powers of the board of trustees as described in 
Section 41-13-35, Mississippi Code of 1972, which have been delegated, by 
resolution or through the board bylaws, to the administrator. 

SOURCES: Laws, 1985, ch. 511, § 7, eff from and after July 1, 1985. 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

JUDICIAL DECISIONS 

1. In general. right in employment. Levens v. Campbell, 

This section does not create a property 733 So. 2d 753 (Miss. 1999). 



223 



§ 41-13-37 Public Health 

ATTORNEY GENERAL OPINIONS 

The board of trustees of a community ministrator has the power to enforce corn- 
hospital may adopt a disciplinary pro- pliance with and obedience to that pro- 
gram for employees based on established gram. Dees, Oct. 24, 2003, A.G. Op. 03- 
parking policies. In turn, the hospital ad- 0515. 

RESEARCH REFERENCES 

ALR. Medical malpractice: hospital's li- Negligent discharge of employee. 53 

ability for injury allegedly caused by fail- A.L.R.5th 219. 

ure to have properly qualified staff. 62 Am Jur. 9A Am. Jur. Legal Forms 2d, 

A.L.R.4th 692. Hospitals and Asylums § 136:42.2 (agree- 

Wrongful discharge based on public pol- men t between hospital and management 

icy derived from professional ethics codes, services corporation) 
52 A.L.R.5th 405. 

§ 41-13-37. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 
[1942, § 7129-56.5; Laws, 1958, ch. 363, § 4; Laws, 1966, chs. 460, 482; 
Laws, 1968, ch. 443, § 1] 

Editor's Note — Former § 41-13-37 authorized trustees to obtain liability insur- 
ance. 

§ 41-13-38. Provisions of certain loans by hospital; financial 
assistance to nonprofit groups. 

(1) Any loan agreement entered into between a community hospital and a 
physician, employee or student pursuant to Section 41-13-35, Mississippi Code 
of 1972, shall contain a provision for repayment to the hospital no later than 
ten (10) years after the final date upon which any such payments are made, 
with or without interest. In the event of a default in repayment of a loan 
obligation, the community hospital shall be entitled to reasonable attorney's 
fees expended to collect the obligation and to all other rights and remedies of 
a general creditor. No loan agreement with a physician shall impose any 
condition of admitting a certain number or quota of the physician's patients to 
the community hospital. 

(2) The board of trustees may provide financial assistance or provide 
grants to nonprofit health-care provider groups and other recognized nonprofit 
entities and charities where it is determined by the board that such action will 
benefit the health or welfare of the citizens of the service area. 

SOURCES: Laws, 1985, ch. 511, § 8, eff from and after July 1, 1985. 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 

224 



Community Hospitals 



§ 41-13-39 



to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of 
any owner or community hospital, and the provisions of this act shall be supplemental 
to and shall not restrict or repeal any general or special authority, powers, rights or 
privileges with respect to community hospitals heretofore conferred on board of 
trustees." 

ATTORNEY GENERAL OPINIONS 



Miss. Code Section 41-13-38(2), which 
authorizes community hospitals to pro- 
vide financial assistance and grants to 
nonprofit groups, permits board of trust- 
ees of hospital to provide financial assis- 
tance and grants to nonprofit health care 
provider groups from time to time, pro- 
vided that board makes determination at 
time of each grant that such arrangement 
will benefit health or welfare of citizens of 
service area of hospital; however, no bind- 
ing agreement which commits hospital to 
program of future grants or assistance 
may be entered into, for reason that these 
findings must be found to exist at time of 
each instance of financial assistance; also, 
absent specific statutory authority, no 
agreement of any kind can be made which 
purports to bind hospital beyond term of 
office of majority of members of board 
which enters into such agreement. 
Cowart, Jan. 20, 1993, A.G. Op. #93-0844. 

Miss. Code Section 41-13-38 authorizes 
community hospital boards of trustees to 
provide financial assistance to nonprofit 
health care provider groups and other 
recognized nonprofit entities "where it is 
determined by the board that such action 
will benefit the health or welfare of the 
citizens of the service area"; this includes 
financial assistance in form of in-kind 
support and services. Cowart, Mar. 10, 
1993, AG. Op. #92-1010. 

The board of trustees of a public hospi- 
tal may provide grants and financial as- 



sistance to a county health department for 
the purpose of funding health services 
provided by such department to the hos- 
pital so long as the hospital board makes 
the requisite determination that the pro- 
posed assistance "will benefit the health 
or welfare of the citizens of the service 
area" and includes such determination in 
the minutes of the board each time a grant 
or contribution of financial assistance is 
proposed. Oliver, Aug. 15, 1997, A.G. Op. 
#97-0490. 

The board of trustees of a hospital may 
provide financial assistance in the form of 
grants of cash and/or in-kind support and 
services to a nonprofit health care pro- 
vider where it is determined by the board 
that such action will benefit the health or 
welfare of the citizens of the service area. 
Oliver, Dec. 19, 1997, A.G. Op. #97-0782. 

If a hospital board of trustees deter- 
mines that such action will benefit the 
health or welfare of the citizens of the 
service area, then it may provide financial 
assistance to a nonprofit health care pro- 
vider in the form of cash, loans, and/or 
in-kind support services. Williamson, May 
22, 1998, AG. Op. #98-0269. 

While the board of trustees of a commu- 
nity hospital is not liable for payment of 
the taxes on the leasehold interest of a 
clinic used and occupied by the private 
physicians and may not pay the taxes for 
the physicians, the board may provide 
funds to the physicians as an incentive. 
Webb, Dec. 22, 2006, A.G. Op. 06-0629. 



§ 41-13-39. Trustees may establish day care centers. 

The board of trustees of any hospital provided for in Sections 41-13-27 
through 41-13-31 shall have full authority in its discretion to operate a child 
care center for the benefit of its employees and other personnel. Such child care 
center shall be operated as an integral part of the hospital and, if not located 



225 



§ 41-13-41 Public Health 

on the premises dedicated for hospital purposes, shall be located on such other 
real property, whether or not adjacent to the hospital premises, that may be 
purchased, leased or otherwise provided as in the case of hospitals and other 
related facilities, by the governing authorities of the counties, cities and towns, 
supervisors districts or election districts jointly or separately interested in the 
operation of the hospital. If such child care centers be leased, the rental 
therefor shall be paid from hospital funds, and the hospital board of trustees 
may in its discretion make charges to its employees and other personnel for 
child care services. In the event that child care centers shall hereafter be 
subject to licensure by an agency of the State of Mississippi other than the 
licensing agency for hospitals, child care centers established hereunder shall 
nevertheless be subject to inspection, approval and licensure by the hospital 
licensing agency. 

SOURCES: Codes, 1942, § 7129-56.5; Laws, 1958, chs. 363, § 4; Laws, 1966, chs. 
460, 482; Laws, 1968, ch. 443, § 1, eff from and after passage (approved 
August 6, 1968). 

Editor's Note — Sections 41-13-27 and 41-13-31 referred to in this section were 
repealed by Laws of 1982, ch 395, § 6, eff from and after July 1, 1982. 

ATTORNEY GENERAL OPINIONS 

Governing boards of public hospitals under authority of this section (Code 

may, in their discretion, enter into a con- 1942, § 7129-56.5). Ops. A.G., 1963-1965, 

tract with a private insurance company p 108. 
for a retirement plan for their employees 

§ 41-13-41. Repealed. 

Repealed by Laws, 1978, ch. 332, § 2, eff from and after July 1, 1978. 
[Laws, 1968, ch. 296, §§ 1, 4] 

Editor's Note — Former § 41-13-41, by definition of terms, limited the application 
of that section and §§ 41-13-43, 41-13-45 to class 1 counties, and called for a liberal 
construction of §§ 41-13-41 through 41-13-45. 

§§ 41-13-43 and 41-13-45. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 
§ 41-13-43. [Codes, 1942, § 7129-55.6; Laws, 1968, ch. 296, § 2; Laws, 
1978, ch. 332, § 1] 

§ 41-13-45. [Codes, 1942, § 7129-55.7; Laws, 1968, ch. 296, § 3] 

Editor's Note — Former § 41-13-43 specified additional powers of trustees in 
certain counties. 

Former § 41-13-45 authorized board of supervisors to provide facilities for expanded 
health care services. 



226 



Community Hospitals § 41-13-51 

§ 41-13-47. Proposed budget; reports. 

On or before the first Monday in September of each year, the said board of 
trustees shall make, enter on its minutes and file with the owner or owners, 
separately or jointly interested in said hospital, a proposed budget based on 
anticipated income and expenditures for the ensuing fiscal year. Such budget, 
as submitted or amended, shall be approved by the said owner or owners, as 
the case may be, which approval shall be evidenced by a proper order recorded 
upon the minutes of each such owner. 

On or before the first Monday in March of each year, said board of trustees 
shall also make, enter on its minutes and file with such owner or owners, a full 
fiscal year report which shall contain a complete and correct accounting of all 
funds received and expended for all hospital purposes. 

SOURCES: Codes, 1942, § 7129-57; Laws, 1944, ch. 277, § 7; Laws, 1958, ch. 363, 
§ 5; Laws, 1985, ch. 511, § 9; Laws, 2009, ch. 338, § 1, eff from and after July 
1, 2009. 

Editor's Note — Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, 
provide as follows: 

"SECTION 1. It is the intent and purpose of this act to clarify and expand the power 
of boards of trustees of community hospitals so as to allow such community hospitals to 
operate efficiently, to offer competitive health care services, to respond more effectively 
to new developments and regulatory changes in the health care area and to continue to 
serve and promote the health and welfare of the citizens of the State of Mississippi. This 
act shall be liberally construed so as to give effect to such intent and purpose. 

"SECTION 10. This act shall not affect any rights, duties or obligations heretofore 
granted or imposed by local and private legislation heretofore enacted for the benefit of any 
owner or community hospital, and the provisions of this act shall be supplemental to and 
shall not restrict or repeal any general or special authority, powers, rights or privileges 
with respect to community hospitals heretofore conferred on board of trustees." 

Amendment Notes — The 2009 amendment substituted "March" for "January" near 
the beginning of the second paragraph. 

Cross References — Depository for county and municipal hospital funds, see 
§ 27-105-365. 

JUDICIAL DECISIONS 

1. In general. acting judicially or quasi-judicially is not 

No provision is made as to liability of liable if he acted in good faith within the 

hospital board members for unauthorized scope of the subject matter over which he 

or wrongful appropriation of hospital is given jurisdiction. Golding v. Salter, 234 

funds; hence such liability is governed by Miss. 567, 107 So. 2d 348 (1958). 
the common law rule that a public officer 

§§ 41-13-49 and 41-13-51. Repealed. 

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982. 

§ 41-13-49. [Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 
1946, ch. 412, § 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 
1966, ch. 459, § 1; Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1] 

§ 41-13-51. [Codes, 1942, § 7129-53; Laws, 1944, ch. 277, § 3A] 

227 



§ 41-13-53 Public Health 

Editor's Note — Former § 41-13-49 authorized supervisors districts to contribute to 
support of municipal hospital. 

Former § 41-13-51 authorized the maintenance of wards for pay patients, and fixed 
fees and charges. 

§ 41-13-53. Benefits with respect to ownership and operation 
of hospitals organized under other laws. 

(1) In any case where a hospital has been or is hereafter established under 
any provisions of law other than Sections 41-13-15 through 41-13-51, and is 
owned and operated separately or jointly by one or more counties, cities, towns, 
supervisors districts or election districts or combinations thereof, the respec- 
tive governing authority of each such political subdivision or part of a political 
subdivision interested therein may, in its discretion, by adoption of the 
resolution hereinafter provided for, obtain for itself, its officers and members, 
the same authority, powers, rights, privileges and immunities with respect to 
establishing, erecting, building, constructing, remodeling, adding to, acquir- 
ing, equipping, furnishing, and operating and maintaining such hospital as if 
such hospital were originally established and organized under the provisions 
of said sections. 

(2) The aforesaid resolution shall be duly adopted at any regular or 
special meeting, or any adjournment of a regular or special meeting, of the 
governing authority and shall be duly spread upon its minutes. Any such 
resolution shall be sufficient for the purposes hereof if it indicates an intention 
to obtain the benefits of this section or Sections 41-13-15 through 41-13-51. 
Multiple resolutions shall not be required in the case of a board of supervisors 
acting in behalf of more than one (1) supervisors district or election district or 
any combination of such districts. In the case of a hospital jointly owned and 
operated such resolution is to be adopted by the respective governing authority 
of each of the various counties, cities, towns, supervisors' districts or election 
districts interested therein. 

(3) The adoption of the aforesaid resolution shall have the effect of also 
conferring on and delegating to any board of trustees, board of commissioners 
or other governing board established for the operation and maintenance of 
such hospital, and the officers and members of such governing board, the same 
authority, powers, rights, privileges and immunities with respect to the 
operation and maintenance of the hospital as are conferred on the boards of 
trustees, and the officers and members thereof, of community hospitals 
established and organized under the provisions of Sections 41-13-15 through 
41-13-51. 

(4) The provisions of this section shall be supplemental to, and shall not 
restrict, supplant, amend or repeal any general or special authority, powers, 
rights, privileges and immunities with respect to hospitals heretofore or 
hereafter conferred on boards of supervisors, municipal governing authorities 
and hospital governing boards, or the officers and members of such boards or 
governing authorities, except as the same may delegate authority, powers, 
rights and privileges to hospital governing boards and the officers and 

228 



Community Hospitals § 41-13-101 

members thereof. Adoption of the resolution provided for herein shall not 
amend the method of appointing or electing the officers and members of such 
hospital governing boards or their tenure of office. Nothing contained herein 
shall be construed to repeal any local and private law or any part or provision 
thereof authorizing or establishing a public hospital. 

SOURCES: Codes, 1942, § 7129-61; Laws, 1962, ch. 404, §§ 1-4. 

Editor's Note — Section 41-13-51 referred to in this section was repealed by Laws 
of 1982, ch. 395, § 6, eff from and after July 1, 1982. 

Cross References — Definition of terms "established" or "hereafter established," see 
§ 1-3-9. 

TRUST TO INSURE AGAINST PUBLIC LIABILITY CLAIMS 

Sec. 

41-13-101. Authorization of trust to insure participating hospitals against public 

liability claims. 
41-13-103. Trustees; powers; liability; investments. 
41-13-105. Liability of participating hospitals. 
41-13-107. Trust not subject to insurance laws. 

§ 41-13-101. Authorization of trust to insure participating 
hospitals against public liability claims. 

There is hereby authorized the establishment, maintenance, administra- 
tion and operation of any trust established by agreement of any hospitals or 
other health-care units licensed as such by the State of Mississippi, including 
without limitation, community hospitals established under this chapter (here- 
inafter referred to as "hospitals") as grantors, with such hospitals as benefi- 
ciaries, for the purpose of insuring against general public liability claims based 
upon acts or omissions of such hospitals, including without limitation, claims 
based upon malpractice. Such hospitals may, by trust agreement among 
themselves and a trustee or trustees of their selection, specify the terms, 
conditions and provisions of such a trust. 

SOURCES: Laws, 1982, ch. 370, § 1; repealed, 1984, ch. 495, § 38; reenacted and 
amended, 1985, ch. 474, § 35; Laws, 1986, ch. 438, § 21; Laws, 1987, ch. 480, 
§ 1, eff from and after passage (approved April 15, 1987). 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Participation in a comprehensive plan of one or more policies of liability insurance 
procured and administered by the Department of Finance and Administration, see 
§ 11-46-17. 

Powers and liabilities of trustees, see § 41-13-103. 

Trust not being subject to insurance laws, see § 41-13-107. 



229 



§ 41-13-103 Public Health 

RESEARCH REFERENCES 

Am Jur. 76 Am. Jur. 2d, Trusts §§ 16, hospital — reliance on apparent authority 

75, 107 et seq. of physician — hospital held itself out as 

IB Am. Jur. PI & Pr Forms (Rev), full service hospital). 
Agency, Form 224.1 (complaint, petition, CJS. 89 C.J.S., Trusts §§ 9, 25. 

or declaration — allegation — against 90A C.J.S., Trusts §§ 230-239. 

§ 41-13-103. Trustees; powers; liability; investments. 

The trustees of trusts established pursuant to Section 41-13-101 shall hold 
the legal title to all property at any time belonging to the trust. They shall have 
control over such property as well as the control and management of the 
business and affairs of the trust. Liability to third persons for any act, omission 
or obligation of a trustee of a trust, when acting in such capacity, shall extend 
to the whole of the trust estate or so much thereof as may be necessary to 
discharge such obligation, but no trustee shall be personally liable for any such 
act, omission or obligation. The trustees shall have such powers as to the 
investment of the trust estate as may be set out in the declaration of trust. 
However, the investments of the trust shall be limited to the same type, kind 
and quality as those required of a domestic casualty insurer. Without limiting 
the generality of the foregoing, the trustees shall have any powers, whether 
conferred upon them by the agreement of trust or otherwise, to perform all acts 
necessary or desirable to the conduct of the business of a public liability 
insurer. 

SOURCES: Laws, 1982, ch. 370, § 2; repealed, 1984, ch. 495, § 38; reenacted and 
amended, 1985, ch. 474, § 36; Laws, 1986, ch. 438, § 22; Laws, 1987, ch. 480, 
§ 2, eff from and after passage (approved April 15, 1987). 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Participation in a comprehensive plan of one or more policies of liability insurance 
procured and administered by the Department of Finance and Administration, see 
§ 11-46-17. 

RESEARCH REFERENCES 

Am Jur. 76 Am. Jur. 2d, Trusts §§ 271 CJS. 90A C.J.S., Trusts §§ 318 et seq., 

et seq., 283 et seq., 344 et seq. 320 et seq. 

§ 41-13-105. Liability of participating hospitals. 

No hospital which is a participant in such a trust, as grantor, member, 
beneficiary or otherwise, shall be liable or obligated to the trust, to the trustee, 
to any other grantor, member or beneficiary, to any creditor of the trust or to 
any other person by virtue of its participation other than for the payment of its 
full agreed contribution to the trust in accordance with the trust agreement. 
Without limiting the generality of the foregoing, no participating hospital shall 

230 



Community Hospitals § 41-13-107 

incur any other liability of any nature whatever because of or arising out of its 
participation in such a trust. 

SOURCES: Laws, 1982, ch. 370, § 3; repealed, Laws, 1984, ch. 495, § 38; 
reenacted and amended, Laws, 1985, ch. 474, § 37; Laws, 1986, ch. 438, § 23; 
Laws, 1987, ch. 480, § 3, eff from and after passage (approved April 15, 
1987). 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Participation in a comprehensive plan of one or more policies of liability insurance 
procured and administered by the Department of Finance and Administration, see 
§ 11-46-17. 

RESEARCH REFERENCES 

Am Jur. 76 Am. Jur. 2d, Trusts §§ 73, CJS. 90 C.J.S., Trusts §§ 192, 359 et 

74. seq. 

§ 41-13-107. Trust not subject to insurance laws. 

Neither the establishment of a trust under Section 41-13-101 nor the 
participation of a hospital in such trust shall constitute a "contract of 
insurance" within the meaning of Section 83-5-5, and the trust shall not be 
considered an "insurance company" or any other concern subject to the 
inspection and supervision of the Insurance Commissioner within the meaning 
of Section 83-5-1 or of the Insurance Commission within the meaning of 
Section 83-3-1 et seq. 

SOURCES: Laws, 1982, ch. 370, § 4; repealed, Laws, 1984, ch. 495, § 38; 
reenacted and amended, Laws, 1985, ch. 474, § 38; Laws, 1986, ch. 438, § 24; 
Laws, 1987, ch. 480, § 4, eff from and after passage (approved April 15, 
1987). 

Editor's Note — This section contains a reference to the Insurance Commission 
within the meaning of Section 83-3-1 et seq. Section 83-3-1, which provided for the 
creation of the Insurance Commission was repealed by Laws of 1987, ch. 422, § 30, eff 
from and after January 15, 1988. Section 83-3-2 provides that any reference to 
Insurance Commission shall mean the Commissioner of Insurance. 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Participation in a comprehensive plan of one or more policies of liability insurance 
procured and administered by the Department of Finance and Administration, see 
§ 11-46-17. 

RESEARCH REFERENCES 

Am Jur. 43 Am. Jur. 2d, Insurance 
§§ 21, 22. 



231 



CHAPTER 15 

Department for the Prevention of Insanity 
[Repealed] 

§§ 41-15-1 through 41-15-7. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

§ 41-15-1. [Laws, 1944, ch. 279, §§ 1, 3; Laws, 1952, ch. 317, §§ 1, 2] 
§ 41-15-3. [Laws, 1944, ch. 279, §§ 1, 3; Laws, 1952, ch. 317, §§ 1, 2] 
§ 41-15-5. [Laws, 1944, ch. 279, § 2] 
§ 41-15-7. [Laws, 1944, ch. 279, § 4; Laws, 1952, ch. 317, § 3] 

Editor's Note — Former § 41-15-1 created within the state board of health a 
department for the treatment of certain diseases which could eventually lead to 
insanity. 

Former § 41-15-3 provided for a physician in charge of the department created by 
former § 41-15-1 and set forth the manner of his selection and his powers and duties. 

Former § 41-15-5 dealt with the admission and discharge of patients under the care 
of the department created by former § 41-15-1. 

Former § 41-15-7 dealt with the handling of appropriations and expenditures of the 
department created by former § 41-15-1. 

The 1974 law which repealed these sections created a new state department and 
board of mental health (see §§ 41-4-1 et seq.), and rescinded the authority formerly 
vested in the state board of health with respect to mental health (see § 41-4-11(1)). 
Section 16 of the repealing act provided, in part, that "all powers, duties and 
responsibilities transferred by this act shall remain under the authority and control of 
existing state agencies until July 1, 1974." 



232 



CHAPTER 17 
State Mental Institutions 

Sec. 

41-17-1. Establishment of state hospitals and facilities for persons with mental 

illness. 
41-17-3. East Mississippi State Hospital. 

41-17-5 through 41-17-9. Repealed. 
41-17-11. Furnishing of care for veterans. 

41-17-13. Repealed. 

§ 41-17-1. Establishment of state hospitals and facilities for 
persons with mental illness. 

Mississippi State Hospital at Whitfield, East Mississippi State Hospital at 
Meridian, North Mississippi State Hospital at Tupelo, South Mississippi State 
Hospital at Purvis, the Specialized Treatment Facility for the Emotionally 
Disturbed in Harrison County, and the Central Mississippi Residential Center 
at Newton are established for the care and treatment of persons with mental 
illness, free of charge, except as otherwise provided. 

SOURCES: Codes, 1892, § 2830; 1906, § 3211; Hemingway's 1917, § 5553; 1930, 
§ 4568; 1942, § 6901; Laws, 2002, ch. 350, § 2, eff from and after July 1, 2002. 

Cross References — Constitutional provision for treatment and care of the insane, 
see Miss. Const. Art. 4, § 86. 

Establishment of state board of mental health and state department of mental 
health, see §§ 41-4-1 et seq. 

State department of mental health as governing authority, see § 41-4-11. 

Exemption of certain hospital records from requirement of public access, see 
§ 41-9-68. 

Mental retardation and illness centers, facilities and services, see §§ 41-19-1 et seq. 

Procedures for an individual's procedural and substantive rights during the initial 
involuntary commitment hearing and thereafter, see §§ 41-21-61 et seq. 

Criminal sanctions for unlawfully conspiring to commit an individual to a treatment 
facility, see § 41-21-107. 

JUDICIAL DECISIONS 

1. In general. the Mississippi State Hospital "free of 

2. Costs. charge"; moreover, in an action seeking 
1 In general reimbursement from the estate of one 

*The provisions of §§ 41-7-71 et seq., civilly and involuntarily committed, those 

which empowered the Mississippi Hospi- Provisions did not operate as ex post facto 

tal Reimbursement Commission to seek laws > since a previous act required reim- 

reimbursement from the estate of one bursement from solvent incompetent per- 

civilly and involuntarily committed for all sons for care and treatment at state men- 

or part of the cost of care and treatment tal hospitals, and since the Commission 

rendered by a state hospital, constitute an claimed nothing against the estate for 

exception to the general rule of § 41-17-1 care or treatment rendered prior to the 

that persons are entitled to treatment at statutes' effective date. Chill v. Mississippi 

233 



§ 41-17-3 Public Health 

Hosp. Reimbursement Comm'n, 429 So. surance would be responsible for the costs 

2d 574 (Miss. 1983). associated with his commitment at a pri- 

2 Costs va ^ e ferity when there was no space 

'Where' an individual had been commit- available at the state institution. In re 

ted involuntarily, the trial court erred in |£uinan, 878 S °' 2d 1033 (MlSS ' Ct ApP * 

ruling that the individual's personal in- ^0U4). 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- CJS. 41 C.J.S., Hospitals §§ 1, 8-10. 
tion, and effect of Civil Rights of Institu- 44 C.J.S., Insane Persons §§ 57 et seq. 
tionalized Persons Act, 42 USCS §§ 1997- Practice References. Health Care Ad- 
1997J. 93 A.L.R. Fed. 706. ministration Library (CD-ROM) (Mat- 
Am Jur. 40A Am. Jur. 2d, Hospitals and thew Bender). 
Asylums §4. Perlin5 Mental Disability Law: Civil and 
e. 4 ™^* Jur ' 2d ' Incom P etent Persons Criminal Second Edition (LexisNexis). 
§§ 33 et seq. 

§ 41-17-3. East Mississippi State Hospital. 

The state psychiatric hospital and institution established at Meridian by 
the Act of March 8, 1882, shall continue to exist as a body politic and corporate, 
under the name of the "East Mississippi State Hospital," with all the privileges 
conferred and the duties enjoined by law. It may hold and use, as required by 
law, all the property, real and personal, belonging to or that may be given to it 
for the purposes of its establishment. 

SOURCES: Codes, 1892, § 1624; 1906, § 1799; Hemingway's 1917, § 4492; 1930, 
§ 4565; 1942, § 6897; Laws, 1928, ch. 141; Laws, 2008, ch. 442, § 14, eff from 
and after July 1, 2008. 

Amendment Notes — The 2008 amendment substituted "state psychiatric hospital 
and institution" for "asylum" in the first sentence and made minor stylistic changes. 

Cross References — Procedures for and rights during voluntary and involuntary 
commitment of persons in need of mental treatment, and rights of persons confined in 
treatment facilities, see §§ 41-21-61 et seq. 

§§ 41-17-5 through 41-17-9. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-17-5. [Codes, 1857, ch. 12, art. 6; 1871, § 2090; 1880, § 656; 1892, 
§ 2820; 1906, § 3201; Hemingway's 1917, § 5718; 1930, § 4553; 1942, § 6886; 
Laws, 1898, ch. 67.] 

§ 41-17-7. [Codes, 1857, ch. 12, art. 9; 1871, § 2100; 1880, § 658; 1892, 
§ 2829; 1906, § 3210; Hemingway's 1917, § 5727; 1930, § 4561; 1942, 
§ 6894.] 

§ 41-17-9. [Codes, 1906, § 3229; Hemingway's 1917, § 5571; 1930, 
§ 4566; 1942, § 6899; Laws, 1932, ch. 273.] 



234 



State Mental Institutions § 41-17-13 

Editor's Note — Former § 41-17-5 provided certain visitation duties for directors of 
mental hospitals. 

Former § 41-17-7 provided that resident mental hospital officers were exempt from 
jury service. 

Former § 41-17-9 required that a drug store be kept at each mental hospital. 

§ 41-17-11. Furnishing of care for veterans. 

The directors of the state institutions listed in Section 41-7-73 each may 
receive any monies that the United States government may offer as federal aid 
in taking care of and giving special attention to those persons who served with 
the Armed Forces of the United States during time of war and who are now in 
or may hereafter be in any of those state institutions. Each of those directors 
may expend that part of the money paid to him or his institution, according to 
his best judgment and the requirements of the United States government 
under which the money is received. 

SOURCES: Codes, 1930, § 4567; 1942, § 6900; Laws, 1922, ch. 301; Laws, 2008, 
ch. 442, § 15, eff from and after July 1, 2008. 

Amendment Notes — The 2008 amendment substituted "directors of the state 
institutions listed in Section 41-7-73 each may receive" for "director of the State Insane 
Hospital at Whitfield and the director of the East Mississippi State Hospital shall be, 
and each is hereby authorized to receive," "during time of war" for "during the war 
against Germany and her allies," "be in any of those state institutions" for "be in said 
insane hospitals" and "him or his institution" for "him or his hospital"; and made minor 
stylistic changes. 

Cross References — Guardianship of mentally incompetent veterans, see §§ 35-5-1 
et seq. 

Transfer of veterans to facility operated by United States Veterans Administration or 
other federal agency, see § 41-21-77. 

§ 41-17-13. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

[Codes, 1942, § 6883-01; Laws, 1946, ch. 425, §§ 1-3.] 

Editor's Note — Former § 41-17-13 required separate accommodations at Whitfield 
for individuals addicted to alcohol or narcotics. 



235 



CHAPTER 19 

Facilities and Services for Individuals with Mental Retardation or 

Mental Illness 

North Mississippi Regional Center 41-19-1 

Facilities and Services for Individuals with Mental Retardation or 

Mental Illness 41-19-31 

Interagency Commission on Mental Illness and Mental Retardation. 

[Repealed] 
Coordination of Services to Mentally 111 and Mentally Retarded. [Re- 
pealed] 
Contributions by Certain Local Governments to Nonprofit Corporations 

Assisting Children with Mental Retardation 41-19-91 

Ellisville State School 41-19-101 

South Mississippi Regional Center 41-19-141 

Boswell Regional Center 41-19-201 

Hudspeth Regional Center 41-19-231 

North Mississippi State Hospital and South Mississippi State Hospital 41-19-251 

Central Mississippi Residential Center 41-19-271 

Specialized Treatment Facility in Harrison County 41-19-291 

Mississippi Adolescent Center in Brookhaven 41-19-301 

NORTH MISSISSIPPI REGIONAL CENTER 

Sec. . 

41-19-1. Declaration of purpose. 

41-19-3. Location of center. 

41-19-5. Construction and equipping of center. 

41-19-7. Management and operation of center. 

41-19-9 and 41-19-11. Repealed. 
41-19-13. Reimbursement. 

41-19-15. Penalties. 

41-19-17. Designation of North Mississippi Regional Center as state agency for 

carrying out federal acts pertaining to mental retardation. 

§ 41-19-1. Declaration of purpose. 

The purpose of Sections 41-19-1 through 41-19-17 is to create, construct, 
equip and maintain a center, to be located in North Mississippi, for the care 
and treatment of the mentally retarded, which shall be known as the North 
Mississippi Regional Center. 

SOURCES: Codes, 1942, § 6900-01; Laws, 1968, ch. 438, § 1; Laws, 1992, ch. 336, 
§ 1, eff from and after July 1, 1992. 

Cross References — Establishment of State Board of Mental Health and State 
Department of Mental Health, see §§ 41-4-1 et seq. 
Definition of mentally retarded persons see § 41-21-61. 
Voluntary admissions of mentally retarded persons, see § 41-21-103. 

236 



Mental Retardation Services § 41-19-5 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- Practice References. Health Care Ad- 

tion, and effect of Civil Rights of Institu- ministration Library (CD-ROM) (Mat- 

tionalized Persons Act, 42 USCS §§ 1997- thew Bender). 

1997j. 93 A.L.R. Fed. 706. Carlson, Long-Term Care Advocacy 

Am Jur. 40AAm. Jur. 2d, Hospitals and (Matthew Bender). 

Asylums § 4. Perlin, Mental Disability Law: Civil and 

CJS. 41 C.J.S., Hospitals §§ 1, 8-10. Criminal, Second Edition (LexisNexis). 

§ 41-19-3. Location of center. 

The center shall be located on a site selected by the Board of Trustees of 
Mental Institutions and approved by the Mississippi State Building Commis- 
sion. The center, however, shall be located as near as possible to an urban area 
or institution having adequate medical and hospital facilities and shall 
embrace sufficient land for such agricultural activities as the board may deem 
necessary for the operation of the center. 

Out of funds provided therefor by the Legislature or from any sources, the 
building commission is hereby authorized to purchase or acquire the necessary 
land for the location of the center; or the commission may acquire the land by 
gift, deed, transfer, or other legitimate means; or the center may be located on 
land belonging to the state or one of its political subdivisions. However, any 
such land selected shall be transferred or deeded to the State of Mississippi for 
the sole use of the Board of Trustees of Mental Institutions in carrying out the 
provisions of Sections 41-19-1 through 41-19-17. 

SOURCES: Codes, 1942, § 6900-02; Laws, 1968, ch. 438, § 2; Laws, 1992, ch. 336, 
§ 2, eff from and after July 1, 1992. 

Editor's Note — The board of trustees of mental institutions, referred to in this 
section, was abolished as of July 1, 1974, and its functions transferred to the State 
Board of Mental Health and the State Department of Mental Health, by Laws of 1974, 
ch. 567, § 6, effective from and after April 23, 1974. See § 41-4-11. 

Section 31-11-1 provides that wherever the term "state building commission" or 
"building commission" appears in the laws of the state of Mississippi, it shall be 
construed to mean the governor's office of general services. Section 7-1-451, however, 
provides that wherever the term "Office of General Services" appears in any law the 
same shall mean the Department of Finance and Administration. 

Cross References — State building commission, see §§ 31-11-1 et seq. 

Facility being under jurisdiction and control of state department of mental health, 
see § 41-4-11(2). 

Administration by state board of mental health, see § 41-19-7. 

§ 41-19-5. Construction and equipping of center. 

With funds provided by the legislature, by direct appropriation or autho- 
rized bond issue, with federal matching funds, or with any other available 
funds, the Mississippi State Building Commission is hereby authorized to 
construct and equip the necessary residential and service buildings and 
otherfacilities to care for approximately five hundred (500) residents. The 

237 



§ 41-19-7 Public Health 

general design of the center and all construction plans shall be approved and 
recommended by the board of trustees of mental institutions. 

SOURCES: Codes, 1942, § 6900-03; Laws, 1968, ch. 438, § 3, eff from and after 
passage (approved June 21, 1968). 

Editor's Note — The board of trustees of mental institutions, referred to in this 
section, was abolished as of July 1, 1974 and its functions transferred to the State Board 
of Mental Health and the State Department of Mental Health, by Laws, 1974, ch. 567, 
§ 6, effective from and after April 23, 1974. See § 41-4-11. 

Section 31-11-1 provides that wherever the term "state building commission" or 
"building commission" appears in the laws of the state of Mississippi, it shall be 
construed to mean the governor's office of general services. Section 7-1-451, however, 
provides that wherever the term "Office of General Services" appears in any law the 
same shall mean the Department of Finance and Administration. 

Cross References — State board of mental health succeeding to functions of board 
of trustees of mental institutions, see § 41-4-11. 

§ 41-19-7. Management and operation of center. 

The center shall be administered by the state board of mental health. 
Provisions relating to the admission and care of residents and patients 
provided for hereinafter shall apply to all institutions for the mentally 
retarded administered by the board. 

SOURCES: Codes, 1942, § 6900-04; Laws, 1968, ch. 438, § 4; Laws, 1974, ch. 567, 
§ 14, eff from and after passage (approved April 23, 1974). 

Cross References — State department and board of mental health, see §§ 41-4-1 et 
seq. 

Facility being under the jurisdiction and control of the State Department of Mental 
Health, see § 41-4-11(2). 

Proceedings for commitment to state mental institutions, see §§ 41-21-61 et seq. 

Prohibition against involuntary commitment of persons whose primary problems are 
physical disabilities associated with old age or infant birth defects, see § 41-21-73. 

Voluntary admissions of mentally retarded persons, see § 41-21-103. 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- Am Jur. 40A Am. Jur. 2d, Hospitals and 

tion, and effect of Civil Rights of Institu- Asylums §§ 13 et seq. 

tionalized Persons Act, 42 USCS §§ 1997- CJS. 41 C.J.S., Hospitals §§ 1, 8-10. 
1997J. 93 A.L.R. Fed. 706. 

§§ 41-19-9 and 41-19-11. Repealed. 

Repealed by Laws, 1984, ch. 477, § 25, eff from and after July 1, 1984. 
§ 41-19-9. [Codes, 1942, § 6900-05; Laws, 1968, ch. 438, § 5] 
§ 41-19-11. [Codes, 1942, § 6900-06; Laws, 1968, ch. 438, § 6] 



238 



Mental Retardation Services § 41-19-17 

Editor's Note — Former § 41-19-9 specified the eligibility for admission to the 
center. 

Former § 41-19-11 specified admission procedures. 

§ 41-19-13. Reimbursement. 

Persons admitted to the center shall be assessed support and maintenance 
costs in accordance with the provisions of the state reimbursement laws as 
they apply to other state institutions. 

SOURCES: Codes, 1942, § 6900-07; Laws, 1968, ch. 438, § 7; Laws, 1992, ch. 336, 
§ 3, eff from and after July 1, 1992. 

Cross References — Liability for care and maintenance of persons in state mental 
institutions, see § 41-21-79. 

§ 41-19-15. Penalties. 

Any person who (1) under the provisions of Section 41-19-11, knowingly 
and unlawfully or improperly causes a person to be adjudged mentally 
retarded, (2) procures the escape of a legally committed resident or knowingly 
conceals an escaped legally committed resident of the center, or (3) unlawfully 
brings any firearm, deadly weapon or explosive into the center or its grounds, 
or passes any thereof to resident, employee or officer of the center, is guilty of 
a misdemeanor and, upon conviction, shall be punished by a fine of not less 
than fifty dollars ($50.00), nor more than two hundred dollars ($200.00), 
imprisonment for not less than six months, or both. 

SOURCES: Codes, 1942, § 6900-08; Laws, 1968, ch. 438, § 8, eff from and after 
passage (approved June 21, 1968). 

Editor's Note — Section 41-19-11 referred to in this section was repealed by Laws 
of 1984, ch. 477, § 25, eff from and after July, 1 1984. 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-19-17. Designation of North Mississippi Regional Center 
as state agency for carrying out federal acts pertaining to 
mental retardation. 

The North Mississippi Regional Center is hereby designated as a state 
agency for carrying out the purposes of any act of the Congress of the United 
States Of America, now existing or at any time hereafter enacted, pertaining to 
mental retardation. 

SOURCES: Codes, 1942, § 6900-09; Laws, 1968, ch. 438, § 9; Laws, 1992, ch. 336, 
§ 4, eff from and after July 1, 1992. 



239 



§ 41-19-31 Public Health 

FACILITIES AND SERVICES FOR INDIVIDUALS WITH MENTAL 
RETARDATION OR MENTAL ILLNESS 

Sec. 

41-19-31. Board of supervisors may select regional districts. 

41-19-33. Regional commissions; establishment; duties and authority. 

41-19-35. Appointment, term, and compensation of regional commission members. 

41-19-37. Location of facilities or services in regions. 

41-19-38. Mental health facilities subject to local zoning ordinances or regula- 

tions. 

41-19-39. Financial support for facilities or services for individuals with mental 

illness or mental retardation; tax levy. 

41-19-41. Commitment of patients to regional mental health and mental retarda- 

tion centers. 

41-19-43. Expenses of chancery clerk and sheriff. 

§ 41-1 9-3 1 . Board of supervisors may select regional districts. 

For the purpose of authorizing the establishment of mental illness and 
mental retardation facilities and services in the State of Mississippi, the 
boards of supervisors of one or more counties are hereby authorized to act 
singularly or as a group in the selection of a regional district by spreading upon 
their minutes by resolution such designation. 

SOURCES: Codes, 1942, § 6909-57; Laws, 1966, ch. 477, § 1, eff from and after 
passage (approved June 16, 1966). 

Cross References — Health care profession loans for mental health professionals, 
see § 37-143-13. 

Reimbursement under the Medicaid law for mental health services provided by a 
center established under §§ 41-19-31 through 41-19-39, see § 43-13-117. 

Establishment of regional commissions by regions designated or established under 
this section, see § 41-19-33. 

Availability of financial assistance for care provided in an approved regional mental 
health/retardation center, see § 43-13-117. 

§ 41-19-33. Regional commissions; establishment; duties and 
authority. 

(1) Each region so designated or established under Section 41-19-31 shall 
establish a regional commission to be composed of members appointed by the 
boards of supervisors of the various counties in said region. It shall be the duty 
of such regional commission to administer mental health/retardation pro- 
grams certified by the State Board of Mental Health. In addition, once 
designated and established as provided hereinabove, a regional commission 
shall have the following authority and shall pursue and promote the following 
general purposes: 

(a) To establish, own, lease, acquire, construct, build, operate and 
maintain mental illness, mental health, mental retardation, alcoholism and 
general rehabilitative facilities and services designed to serve the needs of 
the people of the region so designated; provided that the services supplied by 

240 



Mental Retardation Services § 41-19-33 

said regional commissions shall include those services determined by the 
Department of Mental Health to be necessary and may include, in addition 
to the above, services for persons with developmental and learning disabil- 
ities; for persons suffering from narcotic addiction and problems of drug 
abuse and drug dependence; and for the aging as designated and certified by 
the Department of Mental Health. 

(b) To provide facilities and services for the prevention of mental illness, 
mental disorders, developmental and learning disabilities, alcoholism, nar- 
cotic addiction, drug abuse, drug dependence and other related handicaps or 
problems (including the problems of the aging) among the people of the 
region so designated, and for the rehabilitation of persons suffering from 
such illnesses, disorders, handicaps or problems as designated and certified 
by the Department of Mental Health. 

(c) To promote increased understanding of the problems of mental 
illness, mental retardation, alcoholism, developmental and learning disabil- 
ities, narcotic addiction, drug abuse and drug dependence and other related 
problems (including the problems of the aging) by the people of the region, 
and also to promote increased understanding of the purposes and methods of 
the rehabilitation of persons suffering from such illnesses, disorders, handi- 
caps or problems as designated and certified by the Department of Mental 
Health. 

(d) To enter into contracts and to make such other arrangements as 
may be necessary, from time to time, with the United States government, the 
government of the State of Mississippi and such other agencies or govern- 
mental bodies as may be approved by and acceptable to the regional 
commission for the purpose of establishing, funding, constructing, operating 
and maintaining facilities and services for the care, treatment and rehabil- 
itation of persons suffering from mental illness, mental retardation, alcohol- 
ism, developmental and learning disabilities, narcotic addiction, drug abuse, 
drug dependence and other illnesses, disorders, handicaps and problems 
(including the problems of the aging) as designated and certified by the 
Department of Mental Health. 

(e) To enter into contracts and make such other arrangements as may 
be necessary with any and all private businesses, corporations, partner- 
ships, proprietorships or other private agencies, whether organized for profit 
or otherwise, as may be approved by and acceptable to the regional 
commission for the purpose of establishing, funding, constructing, operating 
and maintaining facilities and services for the care, treatment and rehabil- 
itation of persons suffering from mental illness, mental retardation, alcohol- 
ism, developmental and learning disabilities, narcotic addiction, drug abuse, 
drug dependence and other illnesses, disorders, handicaps and problems 
(including the problems of the aging) relating to minimum services estab- 
lished by the Department of Mental Health. 

(f) To promote the general mental health of the people of the region. 

(g) To pay the administrative costs of the operation of said regional 
commissions, including per diem for the members of said commission and its 

241 



§ 41-19-33 Public Health 

employees, attorney's fees, if and when such are required in the opinion of 
said commission, and such other expenses of the commission as may be 
necessary. The Department of Mental Health standards and audit rules 
shall determine what administrative cost figures shall consist of for the 
purposes of this paragraph. Each regional commission shall submit a cost 
report annually to the Department of Mental Health in accordance with 
guidelines promulgated by the department. 

(h) To employ and compensate any personnel that may be necessary to 
effectively carry out the programs and services established pursuant to the 
provisions of the aforesaid act, provided such person meets the standards 
established by the Department of Mental Health. 

(i) To acquire whatever hazard, casualty or workers' compensation 
insurance that may be necessary for any property, real or personal, owned, 
leased or rented by said commissions, or any employees or personnel hired 
by the said commissions. 

(j) To acquire professional liability insurance on all employees as may 
be deemed necessary and proper by the commission, and to pay, out of the 
funds of the commission, all premiums due and payable on account thereof. 

(k) To provide and finance within their own facilities, or through 
agreements or contracts with other local, state or federal agencies or 
institutions, nonprofit corporations, or political subdivisions or representa- 
tives thereof, programs and services for the mentally ill, including treatment 
for alcoholics and promulgating and administering of programs to combat 
drug abuse and the mentally retarded. 

(/) To borrow money from private lending institutions in order to 
promote any of the foregoing purposes. A commission may pledge collateral, 
including real estate, to secure the repayment of money borrowed under the 
authority of this paragraph. Any such borrowing undertaken by a commis- 
sion shall be on terms and conditions that are prudent in the sound 
judgment of the members of the commission, and the interest on any such 
loan shall not exceed the amount specified in Section 75-17-105. Any money 
borrowed, debts incurred or other obligations undertaken by a commission, 
regardless of whether borrowed, incurred or undertaken before or after 
March 15, 1995, shall be valid, binding and enforceable if it or they are 
borrowed, incurred or undertaken for any purpose specified in this section 
and otherwise conform to the requirements of this paragraph. 

(m) To acquire, own and dispose of real and personal property. Any real 
and personal property paid for with state and/or county appropriated funds 
must have the written approval of the Department of Mental Health and/or 
the county board of supervisors, depending on the original source of funding, 
before being disposed of under this paragraph. 

(n) To enter into managed care contracts and make such other arrange- 
ments as may be deemed necessary or appropriate by the regional commis- 
sion in order to participate in any managed care program. Any such contract 
or arrangement affecting more than one (1) region must have prior written 
approval of the Department of Mental Health before being initiated and 
annually thereafter. 

242 



Mental Retardation Services § 41-19-33 

(o) To provide facilities and services on a discounted or capitated basis. 
Any such action when affecting more than one (1) region must have prior 
written approval of the Department of Mental Health before being initiated 
and annually thereafter. 

(p) To enter into contracts, agreements or other arrangements with any 
person, payor, provider or other entity, pursuant to which the regional 
commission assumes financial risk for the provision or delivery of any 
services, when deemed to be necessary or appropriate by the regional 
commission. Any action under this paragraph affecting more than one (1) 
region must have prior written approval of the Department of Mental Health 
before being initiated and annually thereafter. 

(q) To provide direct or indirect funding, grants, financial support and 
assistance for any health maintenance organization, preferred provider 
organization or other managed care entity or contractor, where such orga- 
nization, entity or contractor is operated on a nonprofit basis. Any action 
under this paragraph affecting more than one (1) region must have prior 
written approval of the Department of Mental Health before being initiated 
and annually thereafter. 

(r) To form, establish, operate, and/or be a member of or participant in, 
either individually or with one or more other regional commissions, any 
managed care entity as defined in Section 83-41-403(c). Any action under 
this paragraph affecting more than one (1) region must have prior written 
approval of the Department of Mental Health before being initiated and 
annually thereafter. 

(s) To meet at least annually with the board of supervisors of each 
county in its region for the purpose of presenting its total annual budget and 
total mental health/retardation services system. 

(t) To provide alternative living arrangements for persons with serious 
mental illness, including, but not limited to, group homes for the chronically 
mentally ill. 

(u) To make purchases and enter into contracts for purchasing in 
compliance with the public purchasing law, Sections 31-7-12 and 31-7-13, 
with compliance with the public purchasing law subject to audit by the State 
Department of Audit. 

(v) To insure that all available funds are used for the benefit of the 
mentally ill, mentally retarded, substance abusers and developmentally 
disabled with maximum efficiency and minimum administrative cost. At any 
time a regional commission, and/or other related organization whatever it 
may be, accumulates surplus funds in excess of one-half (V2) of its annual 
operating budget, the entity must submit a plan to the Department of 
Mental Health stating the capital improvements or other projects that 
require such surplus accumulation. If the required plan is not submitted 
within forty-five (45) days of the end of the applicable fiscal year, the 
Department of Mental Health shall withhold all state appropriated funds 
from such regional commission until such time as the capital improvement 
plan is submitted. If the submitted capital improvement plan is not accepted 

243 



§ 41-19-33 Public Health 

by the department, the said surplus funds shall be expended by the regional 
commission in the local mental health region on group homes for the 
mentally ill, mentally retarded, substance abusers, children or other mental 
health/retardation services approved by the Department of Mental Health. 
(w) Notwithstanding any other provision of law, to fingerprint and 
perform a criminal history record check on every employee or volunteer. 
Every employee or volunteer shall provide a valid current social security 
number and/or driver's license number that will be furnished to conduct the 
criminal history record check. If no disqualifying record is identified at the 
state level, fingerprints shall be forwarded to the Federal Bureau of 
Investigation for a national criminal history record check. 

(x) In general to take any action which will promote, either directly or 
indirectly, any and all of the foregoing purposes. 

(2) The types of services established by the State Department of Mental 
Health that must be provided by the regional mental health/retardation 
centers for certification by the department, and the minimum levels and 
standards for those services established by the department, shall be provided 
by the regional mental health/retardation centers to children when such 
services are appropriate for children, in the determination of the department. 

SOURCES: Codes, 1942, § 6909-58; Laws, 1966, ch. 477, § 2; Laws, 1973, ch. 384, 
§ 1; Laws, 1984, ch. 495, § 16; reenacted and amended, 1985, ch. 474, § 25; 
Laws, 1986, ch. 438, § 25; Laws, 1987, ch. 483, § 26; Laws, 1988, ch. 442, § 23; 
Laws, 1989, ch. 537, § 22; Laws, 1990, ch. 518, § 23; Laws, 1991, ch. 618, § 22; 
Laws, 1992, ch. 491 § 23; Laws, 1995, ch. 410, § 1; Laws, 1996, ch. 342, § 1; 
Laws, 1996, ch. 463, § 1; Laws, 1997, ch. 587, § 3, eff July 1, 1997; Laws, 2003, 
ch. 415, § 1, eff from and after passage (approved Mar. 17, 2003.) 

Editor's Note — Laws of 1997, ch. 587, § 1, provides as follows: 

"SECTION 1. This act shall be known and may be cited as the Mississippi Mental 
Health Reform Act of 1997." 

Cross References — Immunity of state and political subdivisions from liability and 
suit for torts and torts of its employees, see §§ 11-46-1 et seq. 

Participation in a comprehensive plan of one or more policies of liability insurance 
procured and administered by the Department of Finance and Administration, see 
§ 11-46-17. 

Reimbursement under the Medicaid law for mental health services provided by a 
center established under §§ 41-19-31 through 41-19-39, see § 43-13-117. 

JUDICIAL DECISIONS 

1. In general. , A regional mental health-mental retar- 

Despite its state agency status, a re- dation commission's purchase of liability 

gional mental health commission was re- insurance did not waive the commission's 

quired to adhere to the municipal zoning sovereign immunity. Region VII, Mental 

ordinances of the city when selecting a Health-Mental Retardation Ctr. v. Isaac, 

regional mental health facility site. City of 523 So. 2d 1013 (Miss. 1988). 
Hattiesburg v. Region XII Comm'n on 
Mental Health & Retardation, 654 So. 2d 
516 (Miss. 1995). 

244 



Mental Retardation Services 



§ 41-19-37 



ATTORNEY GENERAL OPINIONS 



A regional mental health commission 
may use incentive programs for its em- 
ployees, so long as such programs are not 
based on past services. Jackson, June 29, 
1992, A.G. Op. #92-0435. 

Authority for mental illness and retar- 
dation facilities to enter into contracts for 
implementation or operation of programs 
is at Miss. Code Section 41-19-33(e). Jack- 
son, June 11, 1993, AG. Op. #93-0148. 

Financing arrangements for mental ill- 
ness and retardation facilities, if neces- 
sary, are authorized by Miss. Code Section 
41-19-33(k). Jackson, June 11, 1993, A.G. 
Op. #93-0148. 

State law does not empower Regional 
Mental Health Commission created pur- 
suant to Miss. Code Section 41-19-33 to 
form private corporation. Jackson, June 
11, 1993, AG. Op. #93-0148. 

Member of Regional Mental Health 
Commission presently serving is not pro- 
hibited from serving at same time as 
member of State Board of Mental Health, 
so long as he does not receive from Re- 
gional Mental Health Commission any 
compensation, including salary, per diem 
or expenses from funds allocated to it by 
State Board of Mental Health. Littlejohn 
Dec. 13, 1993, A.G. Op. #93-0815. 



Section 41-19-33 allows regional mental 
health commissions to borrow money for 
any authorized purpose of the commission. 
There is no statutory requirement that the 
Commission publish notice to obtain bids 
for financing for the construction of an 
addition to an existing facility. Littlejohn, 
May 10, 1995, A.G. Op. #95-0158. 

The Region VI Mental Health-Mental 
Retardation Commission under its broad 
grant of authority may, but is not required 
to, provide such benefits as health insur- 
ance to its employees and pay the premi- 
ums therefore in whole or in part as it 
deems proper. Oakes, August 28, 1998, 
AG. Op. #98-0522. 

Simultaneous service on a local school 
board, the Ethics Commission and a Re- 
gional Mental Health Commission is not a 
violation of Miss. Const., Art. I, § 2. 
Brown, Jan. 23, 2004, A.G. Op. 04-0012. 

A regional commission would not be 
authorized to make pharmacy services 
available to an employee who is not a 
client. Smith, Oct. 27, 2006, A.G. Op. 
06-0531. 

A county central vehicle repair depart- 
ment may provide repair and maintenance 
services to a regional mental health center 
pursuant to an interlocal agreement. Ross, 
Dec. 8, 2006, A.G. Op. 06-0594. 



§ 41-19-35. Appointment, term, and compensation of regional 
commission members. 

The board of supervisors of each participating county in the program shall 
appoint one (1) member to represent its county on the regional commission in 
its respective region for a term of four (4) years. Any compensation of such 
members shall be paid by the regional commission, in its discretion, from any 
funds available. 

SOURCES: Codes, 1942, § 6909-59; Laws, 1966, ch. 477, § 3, eff from and after 
passage (approved June 16, 1966). 

Cross References — Reimbursement under the Medicaid law for mental health 
services provided by a center established under §§ 41-19-31 through 41-19-39, see 
§ 43-13-117. 

§ 41-19-37. Location of facilities or services in regions. 

The location of any mental illness and mental retardation facilities or 
services in any of the regions shall be determined by the regional commission. 



245 



§ 41-19-38 Public Health 

However, such location and such services shall not conflict with the state plan 
for services or facilities developed by the department of mental health. 

SOURCES: Codes, 1942, § 6909-60; Laws, 1966, ch. 477, § 4; Laws, 1974, ch. 567. 
§ 12, eff from and after passage (approved April 23, 1974). 

Cross References — Reimbursement under the Medicaid law for mental health 
services provided by a center established under §§ 41-19-31 through 41-19-39, see 
§ 43-13-117. 

JUDICIAL DECISIONS 

1. In general. regional mental health facility site. City of 

Despite its state agency status, a re- Hattiesburg v. Region XII Comm'n on 

gional mental health commission was re- Mental Health & Retardation, 654 So. 2d 

quired to adhere to the municipal zoning 516 (Miss. 1995). 
ordinances of the city when selecting a 

§ 41-19-38. Mental health facilities subject to local zoning 
ordinances or regulations. 

Any regional mental health or mental retardation commission established 
according to the provisions of Section 41-19-31 et seq., Mississippi Code of 
1972, shall not construct or operate any facility in an area in violation of any 
local zoning ordinances or regulations. 

SOURCES: Laws, 1995, ch. 528, § 16, eff from and after passage (approved 
April 5, 1995). 

§ 41-19-39. Financial support for facilities or services for 
individuals with mental illness or mental retardation; tax 
levy. 

After a plan for mental illness and mental retardation facilities or services 
has been submitted by any regional commission and approved by the Depart- 
ment of Mental Health, the said regional commission may request the boards 
of supervisors of the various counties in the region to levy a special tax for the 
construction, operation and maintenance of said mental illness and mental 
retardation facilities or services in such region. The boards of supervisors of 
the counties desiring to participate in the program in each region are hereby 
authorized to use any available funds and, if necessary, to levy a special tax, 
not to exceed two (2) mills, for the construction, operation and maintenance of 
the said mental illness and mental retardation facilities or services provided 
for and authorized in Sections 41-19-31 through 41-19-39. 

The governing authority of any municipality in the region may, upon 
resolution spread upon its minutes, make a voluntary contribution for the 
construction, operation or maintenance of the mental illness and mental 
retardation facilities in the region in which the municipality lies. 

In addition to the purposes for which the county tax levies and municipal 
contributions may be used as authorized under this section, the county tax 

246 



Mental Retardation Services § 41-19-41 

levies and municipal contributions may also be used for repayment of any 
loans from private lending institutions made by the commission under the 
authority of Section 41-19-33(1). 

SOURCES: Codes, 1942, § 6909-61; Laws, 1966, ch. 477, § 4; Laws, 1972, ch. 307, 
§ 1; Laws, 1974, ch. 567, § 13; Laws, 1995, ch. 410, § 2, eff from and after 
passage (approved March 15, 1995). 

Cross References — Local ad valorem tax levies, generally, see §§ 27-39-301 et seq. 

Reimbursement under the Medicaid law for mental health services provided by a 
center established under §§ 41-19-31 through 41-19-39, see § 43-13-117. 

Availability of financial assistance for care provided in an approved regional mental 
health/retardation center, see § 43-13-117. 

ATTORNEY GENERAL OPINIONS 

Since the regional mental health com- Section 41-19-39 is sufficiently broad to 

mission was selected by boards of super- allow county to contribute real estate, as 

visors of various counties in region and well as funds, to mental health commis- 

members were appointed by such boards, sion which county supports. Leggett, Feb. 

commission may invest any surplus funds 9, 1994, A.G. Op. #93-1023. 
as directed by Section 19-9-29. Stewart, 
Sept. 17, 1992, A.G. Op. #92-0672. 

§ 41-19-41. Commitment of patients to regional mental health 
and mental retardation centers. 

Any regional mental health or mental retardation facility or service 
established and operated according to the provisions set forth in Sections 
41-19-31 through 41-19-39, is eligible to admit and treat patients committed by 
either the chancellors or chancery clerks in the same manner as is provided by 
the laws of Mississippi for commitment to the state mental institutions. 

SOURCES: Codes, 1942, § 6909-71; Laws, 1968, ch. 439, § 1, eff from and after 
passage (approved July 8, 1968). 

Cross References — Procedures for and individual's procedural and substantive 
rights during the initial involuntary commitment hearing and thereafter, see §§ 41- 
21-61 et seq. 

Definition of mentally retarded person, see § 41-21-61. 

Proceedings for commitment to state mental institutions, see §§ 41-21-61 et seq. 

Length of initial involuntary commitment of mentally ill or mentally retarded 
persons, see § 41-21-73. 

Prohibition against involuntary commitment of persons whose primary problems are 
physical disabilities associated with old age or infant birth defects, see § 41-21-73. 

Voluntary admission of mentally ill and retarded persons of particular age or marital 
status, see § 41-21-103. 

Criminal sanctions for unlawfully conspiring to commit an individual to a treatment 
facility, see §§ 41-21-107 and 97-3-13. 



247 



§ 41-19-43 Public Health 

RESEARCH REFERENCES 

Law Reviews. Symposium on Missis- risdiction and Venue — Rules 16, 81 and 
sippi Rules of Civil Procedure: Pretrial 82. 52 Miss. L. J. 105, March 1982. 
Procedure, Applicability of Rules, and Ju- 

§ 41-19-43. Expenses of chancery clerk and sheriff. 

Whenever it is necessary to commit and transport any eligible patient to 
a regional mental health or mental retardation facility for treatment or care, 
the chancery clerk and sheriff shall be entitled to expenses as provided for by 
the laws of Mississippi for commitment and transportation to state mental 
institutions. 

SOURCES: Codes, 1942, § 6909-72; Laws, 1968, ch. 439, § 2, eff from and after 
passage (approved July 8, 1968). 

INTERAGENCY COMMISSION ON MENTAL ILLNESS AND MENTAL 

RETARDATION 
[REPEALED] 

Sec. 

41-19-61 through 41-19-69. Repealed. 

§§ 41-19-61 through 41-19-69. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

[Laws, 1966, ch. 476, §§ 1-5] 

Editor's Note — Former § 41-19-61 created and set out the membership of the 
Mississippi Interagency Commission on Mental Illness and Mental Retardation. 

Former § 41-19-63 dealt with the compensation of members of the interagency 
commission, the election of officers, and the commission's accounting system. 

Former § 41-19-65 detailed the purposes and functions of the interagency commis- 
sion. 

Former § 41-19-67 dealt with the scope of authority of the interagency commission. 

Former § 41-19-69 authorized the interagency commission to employ an executive 
director and staff, to receive federal funds and grants, develop projects, enter into 
contracts, and expend funds. 

The authority, personnel and property of the abolished Mississippi Interagency 
Commission on Mental Illness and Mental Retardation were transferred to the state 
board of mental health. See § 41-4-11. Section 16 of the repealing act provided, in part, 
that "all powers, duties and responsibilities transferred by this act shall remain under 
the authority and control of existing state agencies until July 1, 1974." 

COORDINATION OF SERVICES TO MENTALLY ILL AND MENTALLY 

RETARDED 
[REPEALED] 

Sec. 

41-19-81. Repealed. 

248 



Mental Retardation Services § 41-19-91 

§ 41-19-81. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

[Laws, 1962, ch. 417, §§ 1, 2] 

Editor's Note — Former § 41-19-81 empowered the board of trustees of mental 
institutions to coordinate services to the mentally ill and mentally retarded, ordered the 
cooperation of other state departments and agencies, and set out the purpose and intent 
of the section. 

The authority, personnel and property of the abolished board of trustees of mental 
institutions were transferred to the state board of mental health. See § 41-4-11. Section 
16 of the repealing act provided, in part, that "all powers, duties and responsibilities 
transferred by this act shall remain under the authority and control of existing state 
agencies until July 1, 1974." 

CONTRIBUTIONS BY CERTAIN LOCAL GOVERNMENTS TO 
NONPROFIT CORPORATIONS ASSISTING CHILDREN WITH MENTAL 

RETARDATION 

Sec. 

41-19-91. Certain counties and municipalities may contribute to nonprofit corpo- 

rations operating programs for children with mental retardation. 

§ 41-19-91. Certain counties and municipalities may contrib- 
ute to nonprofit corporations operating programs for chil- 
dren with mental retardation. 

(1) Any board of supervisors, mayor and board of selectmen of any city in 
which Mississippi State Highway No. 50 and United States Highway No. 45 
Alternate intersect, are hereby authorized and empowered, in their discretion, 
to contribute a sum not to exceed Ten Thousand Dollars ($10,000.00) each to a 
nonprofit corporation, the purpose of which is to develop and operate programs 
for mentally retarded children. The contribution may be made from the 
general fund of such county and/or city wherein funds may be available. 

(2) To acquire the funds in which to make such contribution, the board of 
supervisors of such county and/or mayor and board of selectmen of such city 
are hereby authorized and empowered, in its discretion, to set aside, appro- 
priate and expend moneys from the general fund. 

SOURCES: Laws, 1973, ch. 454, §§ 1-3; Laws, 1986, ch. 400, § 23, eff from and 
after October 1, 1986. 

Cross References — Local ad valorem tax levies generally, see §§ 27-39-301 et seq. 

ELLISVILLE STATE SCHOOL 

Sec. 

41-19-101. Repealed. 

41-19-103. Establishment of the Ellisville State School. 

249 



§ 41-19-101 Public Health 

41-19-105 and 41-19-107. Repealed 

41-19-108. Construction and equipping of certain Ellisville State School buildings 

and facilities. 
41-19-109. Repealed. 
41-19-111. Repealed. 

41-19-112. Administration by State Board of Mental Health. 
41-19-113. Repealed. 

41-19-114. Assessment of support and maintenance costs. 
41-19-115. Repealed. 

41-19-116. Criminal offenses and penalties. 
41-19-117. Repealed. 
41-19-118. Designation of Ellisville State School as state agency for carrying out 

purposes of Congressional acts pertaining to mental retardation. 
41-19-119. Repealed. 
41-19-121. Board for director. 

§ 41-19-101. Repealed. 

Repealed by Laws, 1984, ch. 477, § 26, eff from and after July 1, 1984. 
[Codes, Hemingway's 1921 Supp. § 5728b; 1930, § 7269; 1942, § 6764; 
Laws, 1920, ch. 210; Laws, 1984, ch. 472, § 3] 

Editor's Note — Former § 41-19-101 denned "feeble-minded" and "poor person". 

§ 41-19-103. Establishment of the Ellisville State School. 

The Ellisville State School established by Chapter 210, Laws of Missis- 
sippi 1920, is recognized as now existing and shall hereafter be known under 
the name of Ellisville State School for the care and treatment of persons with 
mental retardation. The school shall have the power to receive and hold 
property, real, personal and mixed, as a body corporate. The school shall be 
under the direction and control of the State Board of Mental Health. 

SOURCES: Codes, Hemingway's 1921 Supp. § 5728c; 1930, § 7270; 1942, § 6765; 
Laws, 1920, ch. 210; Laws, 1930, ch. 30; Laws, 2008, ch. 442, § 43, eff from 
and after July 1, 2008. 

Editor's Note — Laws of 1992, ch. 324, § 1, eff from and after passage (approved 
April 20, 1992), provides as follows: 

"SECTION 1. Ellisville State School, a State Department of Mental Health facility, is 
authorized and empowered to purchase, for a price of Fourteen Thousand Four 
Hundred Six Dollars ($14,406.00), from First South Production Credit Association, 
thirty-two and one-half (32- 1 /2) acres of land, more or less, lying south of Interstate 59 
in the W/2 of the NW/4 of Section 18, Township 7 North, Range 12 West, First Judicial 
District, Jones County, Mississippi. The purchase shall be made from funds currently 
appropriated to Ellisville State School for the fiscal year 1991-1992." 

Amendment Notes — The 2008 amendment rewrote the section. 

Cross References — Facility being under the jurisdiction and control of the state 
department of mental health, see § 41-4-11(2). 

Definition of mentally retarded person, see § 41-21-61. 

250 



Mental Retardation Services § 41-19-111 

RESEARCH REFERENCES 

ALR. Application, to drug or narcotic Am Jur. 40A Am. Jur. 2d, Hospitals and 

records maintained by druggist or physi- Asylums § 4. 

cian, of "required records" exception to CJS. 41 C.J.S., Hospitals §§ 1, 8-10. 

privilege against self-incrimination. 96 
A.L.R. Fed. 868. 

§§ 41-19-105 and 41-19-107. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-19-105. [Codes, Hemingway's 1921 Supp. § 5728i; 1930, § 7275; 
1942, § 6766; Laws, 1920, ch. 210; Laws, 1970, ch. 374, § 4; Laws, 1984, ch. 
472, § 4, eff from and after July 1, 1984.] 

§ 41-19-107. [Codes, Hemingway's 1921 Supp. § 5728n; 1930, § 7277; 
1942, § 6767; Laws, 1920, ch. 210.] 

Editor's Note — Former § 41-19-105 provided for the plan of Ellisville State School. 
Former § 41-19-107 required the director of Ellisville State School to keep certain 
records. 

§ 41-19-108. Construction and equipping of certain Ellisville 
State School buildings and facilities. 

With funds provided by the Legislature, by direct appropriation or 
authorized bond issue, with federal matching funds, or with any other 
available funds, the Bureau of Building, Grounds and Real Property Manage- 
ment may construct and equip the necessary residential and service buildings 
and other facilities to care for the residents of Ellisville State School. The 
general design of the school and all construction plans shall be approved and 
recommended by the State Department of Mental Health. 

SOURCES: Laws, 2008, ch. 442, § 44, eff from and after July 1, 2008. 

§ 41-19-109. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-19-109. [Codes, Hemingway's 1921 Supp. § 5728o; 1930, § 7278; 
1942, § 6768; Laws, 1920, ch. 210.] 

Editor's Note — Former § 41-19-109 authorized the director of Ellisville State 
School to sell certain agricultural and manufactured products. 

§ 41-19-111. Repealed. 

Repealed by Laws, 1984, ch. 477, § 26, eff from and after July 1, 1984. 
§ 41-19-111. [Codes, Hemingway's 1921 Supp. § 5728p; 1930, § 7279; 
1942, § 6769; Laws, 1920, ch. 210] 

251 



§ 41-19-112 Public Health 

Editor's Note — Former § 41-19-111 pertained to the commitment, care and 
custody of a child who was feeble-minded. 

§ 41-19-112. Administration by State Board of Mental Health. 

Ellisville State School shall be administered by the State Board of Mental 
Health. Provisions relating to the admission and care of residents at the school 
shall be promulgated by the board. 

SOURCES: Laws, 2008, ch. 442, § 45, eff from and after July 1, 2008. 

§ 41-19-113. Repealed. 

Repealed by Laws, 1984, ch. 477, § 26, eff from and after July 1, 1984. 
§ 41-19-113. [Codes, Hemingway's 1921 Supp. § 5728y; 1930, § 7288; 
1942, § 6778; Laws, 1920, ch. 210] 

Editor's Note — Former § 41-19-113 pertained to the transfer of feeble-minded and 
insane patients. 

§ 41-19-114. Assessment of support and maintenance costs. 

Persons admitted to Ellisville State School shall be assessed support and 
maintenance costs in accordance with the provisions of the state reimburse- 
ment laws as they apply to other state institutions. 

SOURCES: Laws, 2008, ch. 442, § 46, eff from and after July 1, 2008. 

Cross References — Provisions for the reimbursement of state institutions for 
hospitalization and treatment, see §§ 41-7-71 et seq. 

For comparable provisions with respect to North Mississippi Regional Center, South 
Mississippi Regional Center, Boswell Regional Center, and Hudspeth Regional Center, 
see §§ 41-19-13, 41-19-153, 41-19-209 and 41-19-241, respectively. 

§ 41-19-115. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-19-115. [Codes, Hemingway's 1921 Supp. § 5728z; 1930, § 7289; 
1942, § 6779; Laws, 1920, ch. 210.] 

Editor's Note — Former § 41-19-115 provided discharge procedures for Ellisville 
patients. 

§ 41-19-116. Criminal offenses and penalties. 

Any person who (a) knowingly and unlawfully or improperly causes a 
person to be adjudged to be a person of mental retardation, (b) procures the 
escape of a legally committed resident or knowingly conceals an escaped 
legally committed resident of Ellisville State School, or (c) unlawfully brings 
any firearm, deadly weapon or explosive into the school or its grounds, or 

252 



Mental Retardation Services § 41-19-121 

passes any thereof to a resident, employee or officer of the school, is guilty of a 
misdemeanor and, upon conviction, shall be punished by a fine of not less than 
Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00), impris- 
onment for not less than six (6) months, or both. 

SOURCES: Laws, 2008, ch. 442, § 47, eff from and after July 1, 2008. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center and South Mississippi Regional Center, Boswell Regional Center, and 
Hudspeth Regional Center, see §§ 41-19-15, 41-19-155, 41-19-211 and 41-19-243, 
respectively. 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-19-117. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-19-117. [Codes, Hemingway's 1921 Supp. § 5728al; 1930, § 7290; 
1942, § 6780; Laws, 1920, ch. 210.] 

Editor's Note — Former § 41-19-117 provided for habeas corpus proceedings for 
Ellisville patients. 

§ 41-19-118. Designation of Ellisville State School as state 
agency for carrying out purposes of Congressional acts 
pertaining to mental retardation. 

Ellisville State School is designated as a state agency for carrying out the 
purposes of any act of the Congress of the United States, now existing or at any 
time hereafter enacted, pertaining to mental retardation. 

SOURCES: Laws, 2008, ch. 442, § 48, eff from and after July 1, 2008. 

§ 41-19-119. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

§ 41-19-119. [Codes, Hemingway's 1921 Supp. § 5728dl; 1930, § 7293; 
1942, § 6783; Laws, 1920, ch. 210.] 

Editor's Note — Former § 41-19-119 authorized the board of trustees to accept gifts 
for the support of Ellisville State School. 

§ 41-19-121. Board for director. 

The director of Ellisville State School may receive free lodging in his 
institution for himself and his family, but not free board, nor free supplies from 
the school. 

253 



§ 41-19-141 Public Health 

SOURCES: Codes, 1930, § 7294; 1942, § 6784; Laws, 1928, chs. 66, 68; Laws, 2008, 
ch. 442, § 49, eff from and after July 1, 2008. 

Amendment Notes — The 2008 amendment rewrote the section. 
Cross References — Heads of institutions being selected by state board of mental 
health upon recommendation of the executive director, see § 41-4-11. 

SOUTH MISSISSIPPI REGIONAL CENTER 

Sec. 

41-19-141. Declaration of purpose. 
41-19-143. Location of center. 
41-19-145. Construction and equipping of center. 
41-19-147. Management and operation of center. 
41-19-149 and 41-19-151. Repealed. 
41-19-153. Reimbursement. 
41-19-155. Penalties. 

41-19-157. Designation of South Mississippi Regional Center as state agency for 
carrying out federal acts pertaining to mental retardation. 

§ 41-19-141. Declaration of purpose. 

The purpose of Sections 41-19-141 through 41-19-157 is to create, con- 
struct, equip and maintain a center to be located in South Mississippi for the 
care and treatment of the mentally retarded, which shall be known as the 
South Mississippi Regional Center. 

SOURCES: Laws, 1974, ch. 417, § 1; Laws, 1992, ch. 336, § 5, eff from and after 
July 1, 1992. 

Cross References — Voluntary admissions of mentally retarded persons, see 

§ 41-21-103. 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- Am Jur. 40A Am. Jur. 2d, Hospitals and 

tion, and effect of Civil Rights of Institu- Asylums § 4. 

tionalized Persons Act, 42 USCS §§ 1997- CJS. 41 C.J.S., Hospitals §§ 1,8-10. 
1997j. 93A.L.R. Fed. 706. 

§ 41-19-143. Location of center. 

The center shall be located on a site selected by the Board of Trustees of 
Mental Institutions and approved by the Mississippi State Building Commis- 
sion. The center, however, shall be located as near as possible to an urban area 
or institution having adequate medical and hospital facilities and shall 
embrace sufficient land for such agricultural activities as the board may deem 
necessary for the operation of the institution. 

Out of funds provided therefor by the Legislature or from any sources, the 
state building commission is hereby authorized to purchase or acquire the 
necessary land for the location of the center, or it may also acquire the land by 
gift, deed, transfer, or other legitimate means, or the center may be located on 

254 



Mental Retardation Services § 41-19-147 

land belonging to the state or one of its political subdivisions; however, any 
such land selected shall be transferred or deeded to the State of Mississippi for 
the sole use of the Board of Trustees of Mental Institutions in carrying out the 
provisions of Sections 41-19-141 through 41-19-157. 

SOURCES: Laws, 1974, ch. 417, § 2; Laws, 1992, ch. 336, § 6, eff from and after 
July 1, 1992. 

Editor's Note — The board of trustees of mental institutions, referred to in this 
section, was abolished as of July 1, 1974 and its functions transferred to the state board 
of mental health and the state department of mental health, by Laws of 1974, ch. 567, 
§ 6, effective from and after April 23, 1974. See § 41-4-11. 

Section 31-11-1 provides that wherever the term "state building commission" or 
"building commission" appears in the laws of the state of Mississippi, it shall be 
construed to mean the governor's office of general services. Section 7-1-451, however, 
provides that wherever the term "Office of General Services" appears in any law the 
same shall mean the Department of Finance and Administration. 

Cross References — State building commission, see §§ 31-11-1 et seq. 

Creation of state board of mental health to act in lieu of abolished board of trustees 
of mental institutions, see §§ 41-4-1 et seq. 

Facility being under jurisdiction and control of state department of mental health, 
see § 41-4-11(2). 

§ 41-19-145. Construction and equipping of center. 

With funds provided by the legislature, by direct appropriation or autho- 
rized bond issue, with federal matching funds, or any other available funds, 
the Mississippi State Building Commission is hereby authorized to construct 
and equip the necessary residential and service buildings and other facilities to 
care for approximately five hundred (500) residents. The general design of the 
center and all construction plans shall be approved and recommended by the 
board of trustees of mental institutions. 

SOURCES: Laws, 1974, ch. 417, § 3, eff from and after passage (approved 
March 26, 1974). 

Editor's Note — The board of trustees of mental institutions, referred to in this 
section, was abolished as of July 1, 1974 and its functions transferred to the state board 
of mental health and the state department of mental health, by Laws of 1974, ch. 567, 
§ 6, effective from and after April 23, 1974. See § 41-4-11. 

Section 31-11-1 provides that wherever the term "state building commission" or 
"building commission" appears in the laws of the state of Mississippi, it shall be 
construed to mean the governor's office of general services. Section 7-1-451, however, 
provides that wherever the term "Office of General Services" appears in any law the 
same shall mean the Department of Finance and Administration. 

Cross References — Creation of state board of mental health to act in lieu of 
abolished board of trustees of mental institutions, see §§ 41-4-1 et seq. 

§ 41-19-147. Management and operation of center. 

The center shall be administered by the board of trustees of mental 
institutions, as provided for in Sections 41-5-31 through 41-5-55, inclusive, and 

255 



§ 41-19-149 Public Health 

all subsequent laws enacted which define the powers and authority of the 
board. Provisions relating to the admission and care of residents and patients 
provided for hereinafter shall apply to all institutions for the mentally 
retarded administered by the board, unless they are in conflict with the 
provisions of the above-mentioned laws. 

SOURCES: Laws, 1974, ch. 417, § 4, eff from and after passage (approved 
March 26, 1974). 

Editor's Note — This section contains a reference to §§ 41-5-31 through 41-5-55. All 
of these sections, except for §§ 41-5-44 and 41-5-55, were repealed by Laws of 1974, ch. 
567, § 15, eff from and after passage (approved April 23, 1974). 

Section 41-5-55, referred to in this section, was repealed by Laws of 2008, ch. 442, § 
50, effective from and after July 1, 2008. 

The board of trustees of mental institutions, referred to in this section, was abolished 
as of July 1, 1974 and its functions transferred to the state board of mental health and 
the state department of mental health, by Laws of 1974, ch. 567, § 6, effective from and 
after April 23, 1974. See § 41-4-11. 

Cross References — Creation of state board of mental health to act in lieu of 
abolished board of trustees of mental institutions, see §§ 41-4-1 et seq. 

Facility being under the jurisdiction and control of the state department of mental 
health, see § 41-4-11(2). 

Proceedings for commitment to state mental institutions, see §§ 41-21-61 et seq. 

Definition of mentally retarded person, see § 41-21-61. 

Voluntary admissions of mentally retarded persons, see § 41-21-103. 

RESEARCH REFERENCES 

Am Jur. 40A Am. Jur. 2d, Hospitals and CJS. 41 C. J.S., Hospitals §§ 1, 8-10. 
Asylums §§ 6 et seq. 

§§ 41-19-149 and 41-19-151. Repealed. 

Repealed by Laws, 1984, ch. 477, § 27, eff from and after July 1, 1984. 
§ 41-19-149. [Laws, 1974, ch. 417, § 5] 
§ 41-19-151. [Laws, 1974, ch. 417, § 6] 

Editor's Note — Former § 41-19-149 specified the eligibility for admission. 
Former § 41-19-151 specified admission procedures. 

§ 41-19-153. Reimbursement. 

Persons admitted to the center shall be assessed support and maintenance 
costs in accordance with the provisions of the state reimbursement laws as 
they apply to other state institutions., 

SOURCES: Laws, 1974, ch. 417, § 7; Laws, 1992, ch. 336, § 7, eff from and after 
July 1, 1992. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, Ellisville State School, Boswell Regional Center, and Hudspeth 
Regional Center, see §§ 41-19-13, 41-19-114, 41-19-209 and 41-19-241, respectively. 

256 



Mental Retardation Services § 41-19-201 

§ 41-19-155. Penalties. 

Any person who: (1) under the provisions of Sections 41-19-141 through 
41-19-157 knowingly and unlawfully or improperly causes a person to be 
adjudged mentally retarded; (2) procures the escape of a legally committed 
resident or knowingly conceals an escaped legally committed resident of the 
center; or (3) unlawfully brings any firearm, deadly weapon or explosive into 
the center or its grounds or passes any thereof to a resident, employee or officer 
of the center is guilty of a misdemeanor and upon conviction shall be punished 
by a fine of not more than two hundred dollars ($200.00), imprisonment for not 
more than one (1) year, or both. 

SOURCES: Laws, 1974, ch. 417, § 8, eff from and after passage (approved 
March 26, 1974). 

Editor's Note — Former §§ 41-19-149 and 41-19-151, referred to in this section, 
were repealed by Laws of 1984, ch. 477, § 27, effective from and after July 1, 1984. 

Cross References — Criminal sanctions for unlawfully conspiring to commit an 
individual to a mental treatment facility, see § 41-21-107. 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-19-157. Designation of South Mississippi Regional Cen- 
ter as state agency for carrying out federal acts pertaining 
to mental retardation. 

The South Mississippi Regional Center is hereby designated as a state 
agency for carrying out the purposes of any act of the Congress of the United 
States of America now existing or at any time hereafter enacted pertaining to 
mental retardation. 

SOURCES: Laws, 1974, ch. 417, § 9; Laws, 1992, ch. 336, § 8, eff from and after 
July 1, 1992. 

BOSWELL REGIONAL CENTER 

Sec. 

41-19-201. Declaration of purpose. 

41-19-203. Location, construction, equipping and administration of center. 

41-19-205. Eligibility for admission. 

41-19-207. Admission procedures. 

41-19-209. Reimbursement. 

41-19-211. Penalties. 

41-19-213. Designation of Boswell Regional Center as state agency for carrying out 
federal acts pertaining to mental retardation. 

§ 41-19-201. Declaration of purpose. 

The purpose of Sections 41-19-201 through 41-19-213 is to create, con- 
struct, equip and maintain a center located in Central Mississippi for the care 
and treatment of the mentally retarded, which shall be known as the Boswell 
Regional Center. Sections 41-19-201 through 41-19-213 shall not supersede 

257 



§ 41-19-203 Public Health 

Section 41-5-44, Mississippi Code of 1972, but shall be supplemental to that 
Section. 

SOURCES: Laws, 1982, ch. 360, § 1(1); Laws, 1992, ch. 336, § 9, eff from and 
after July 1, 1992. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, South Mississippi Regional Center and Hudspeth Regional Center, see 
§§ 41-19-1, 41-19-141 and 41-19-231, respectively. 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- Am Jur. 40A Am. Jur. 2d, Hospitals and 

tion, and effect of Civil Rights of Institu- Asylums § 4. 

tionalized Persons Act, 42 USCS §§ 1997- CJS. 41 C.J.S., Hospitals §§ 1,8-10. 
1997j. 93 A.L.R. Fed. 706. 

§ 41-19-203. Location, construction, equipping and adminis- 
tration of center. 

The center shall be located on the site of the Tuberculosis Sanatorium of 
Mississippi. 

With funds provided by the Legislature, by direct appropriation or 
authorized bond issue, with federal matching funds, or with any other 
available funds, the state building commission is hereby authorized to con- 
struct and equip the necessary residential and service buildings and other 
facilities for the care and treatment of the mentally retarded. The general 
design of the center and all construction plans shall be approved and 
recommended by the State Board of Mental Health. 

The center shall be administered by the State Board of Mental Health. 

SOURCES: Laws, 1982, ch. 360, § 1 (2)-(4); Laws, 1992, ch. 336, § 10, eff from and 
after July 1, 1992. 

Editor's Note — Section 31-11-1 provides that wherever the term "state building 
commission" or "building commission" appears in the laws of the state of Mississippi, it 
shall be construed to mean the governor's office of general services. Section 7-1-451, 
however, provides that wherever the term "Office of General Services" appears in any 
law the same shall mean the Department of Finance and Administration. 

Cross References — State board of mental health, see §§ 41-4-3 et seq. 

Facility being under jurisdiction and control of state department of mental health, 
see § 41-4-11(2). 

For comparable provisions with respect to North Mississippi Regional Center, 
Ellisville State School, South Mississippi Regional Center and Hudspeth Regional 
Center, see §§ 41-19-3 through 41-19-7, 41-19-108 and 41-19-112, §§ 41-19-143 
through 41-19-147 and §§ 41-19-233 and 41-19-235, respectively. 

RESEARCH REFERENCES 

Am Jur. 40AAm. Jur. 2d, Hospitals and CJS. 41 C.J.S., Hospitals §§ 1, 8-10. 
Asylums §§ 6 et seq. 

258 



Mental Retardation Services § 41-19-207 

§ 41-19-205. Eligibility for admission. 

A person may be deemed eligible for admission to the center if: 

(a) His parents or guardian or person in loco parentis has resided in the 
state not less than one (1) year prior to the date of admission; and 

(b) He is at least five (5) years of age and he is so mentally retarded that 
he is incapable of managing himself or his affairs, or he is retarded to the 
extent that special care, training and education provided at the center will 
enable him to better function in society; or 

(c) He is committed to the center by the chancery court in the manner 
hereinafter provided; or 

(d) He is under five (5) years of age and is approved for admission by the 
board of mental health, upon the recommendation of the director, because of 
having an exceptional handicap. 

SOURCES: Laws, 1982, ch. 360, § 2; Laws, 1990, ch. 370, § 1; Laws, 1992, ch. 336, 
§ 11, eff from and after July 1, 1992. 

RESEARCH REFERENCES 

Am Jur. 40AAm. Jur. 2d, Hospitals and CJS. 41 C.J.S., Hospitals § 11-14. 

Asylums § 13. 

§ 41-19-207. Admission procedures. 

Admission of eligible person to the center shall be as follows: 

(a) The parents or guardian or person in loco parentis of any person 
thought to be mentally retarded may file an application for admission to the 
center. Such application shall be made on an official form approved or 
furnished by the center. Within ten (10) days after the admission of the 
person to the center, the director shall have him examined by a qualified 
physician or psychologist or both. If he is found not to be mentally retarded, 
the parents, guardian or person in loco parentis shall be required to take him 
from the center. The results of the examination shall be entered upon the 
person's record if he is found to be mentally retarded and eligible to remain 
at the center. 

(b) If any mentally retarded person is afflicted to the extent that he 
needs care, supervision or control, or to the extent that he is likely to become 
dangerous or a menace if left at large, any relative or any citizen of the State 
of Mississippi may make affidavit of such fact and shall file such affidavit 
with the clerk of the chancery court of the county of such person's residence 
or with the clerk of the chancery court of any county in which such person 
might be found. When such affidavit is received by the chancery clerk, he 
shall follow the same procedure for commitment to the center as is provided 
for in state law for the commitment of persons to the state mental hospitals. 

(c) Mentally retarded persons may be admitted to the center by the 
director for a time sufficient for diagnosis, evaluation and training without 
formal commitment, provided such person is referred by another state 

259 



§ 41-19-209 Public Health 

agency or department. In such cases the person so admitted shall be subject 
to all regulations governing the center for such time as he remains. 

(d) The final determination of admission to the center shall be the 
decision of the director of the center. 

SOURCES: Laws, 1982, ch. 360, § 3; Laws, 1990, ch. 370, § 2; Laws, 1992, ch. 336, 
§ 12, eff from and after July 1, 1992. 

Cross References — Proceedings for commitment to state mental institutions, see 
§§ 41-21-61 et seq. 

RESEARCH REFERENCES 

Am Jur. 40AAm. Jur. 2d, Hospitals and CJS. 41 C.J.S., Hospitals § 11-14. 

Asylums § 13. 

§ 41-19-209. Reimbursement. 

Persons admitted to the center shall be assessed support and maintenance 
costs in accordance with the provisions of the state reimbursement laws as 
they apply to other state institutions. 

SOURCES: Laws, 1982, ch. 360, § 4; Laws, 1992, ch. 336, § 13, eff from and after 
July 1, 1992. 

Cross References — Provisions for the reimbursement of state institutions for 
hospitalization and treatment, see §§ 41-7-71 et seq. 

For comparable provisions with respect to North Mississippi Regional Center, 
Ellisville State School, South Mississippi Regional Center and Hudspeth Regional 
Center, see §§ 41-19-13, 41-19-114, 41-19-153 and 41-19-241, respectively. 

§ 41-19-211. Penalties. 

Any person who (a) under the provisions of Section 41-19-207, knowingly 
and unlawfully or improperly causes a person to be adjudged mentally 
retarded, (b) procures the escape of a legally committed resident or knowingly 
conceals an escaped legally committed resident of the center, or (c) unlawfully 
brings any firearm, deadly weapon or explosive into the center or its grounds, 
or passes any thereof to resident, employee or officer of the center, is guilty of 
a misdemeanor and, upon conviction, shall be punished by a fine of not less 
than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), 
imprisonment for not less than six (6) months nor more than one (1) year, or 
both. 

SOURCES: Laws, 1982, ch. 360, § 5, eff from and after July 1, 1982. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, Ellisville State School, South Mississippi Regional Center and 
Hudspeth Regional Center, see §§ 41-19-15, 41-19-116, 41-19-155, and 41-19-243, 
respectively. 

260 






Mental Retardation Services § 41-19-231 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-19-213. Designation of Boswell Regional Center as state 
agency for carrying out federal acts pertaining to mental 
retardation. 

The Boswell Regional Center is hereby designated as a state agency for 
carrying out the purposes of any act of the Congress of the United States of 
America now existing or at any time hereafter enacted pertaining to mental 
retardation. 

SOURCES: Laws, 1982, ch. 360, § 6; Laws, 1992, ch. 336, § 14, eff from and after 
July 1, 1992. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, Ellisville State School, South Mississippi Regional Center and 
Hudspeth Regional Center, see §§ 41-19-17, 41-19-118, 41-19-157, and 41-19-245, 
respectively. 

HUDSPETH REGIONAL CENTER 

Sec 

41-19-231. Purpose of Sections 41-19-231 through 41-19-245. 

41-19-233. Site of center. 

41-19-235. Department of finance and administration to construct and equip 
necessary facilities; State board of mental health to administer center. 

41-19-237. Eligibility for admission to center. 

41-19-239. Admission procedures. 

41-19-241. Patient support and maintenance costs. 

41-19-243. Criminal offenses. 

41-19-245. Center designated state agency. 

§ 41-19-231. Purpose of Sections 41-19-231 through 41-19-245. 

The purpose of Sections 41-19-231 through 41-19-245 is to create, con- 
struct, equip and maintain a center located in Central Mississippi for the care 
and treatment of the mentally retarded, which shall be known as the Hudspeth 
Regional Center. 

SOURCES: Laws, 1990, ch. 475, § 1; Laws, 1992, ch. 336, § 15, eff from and after 
July 1, 1992. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 14 Am. Jur. PI & Pr Forms, (Rev), In- 
paired Persons §§ 1, 2 et seq. competent Persons, Forms 1 et seq. (initi- 

9A Am. Jur. Legal Forms 2d, Incompe- ation of proceedings to determine compe- 
tent Persons, §§ 141:1 et seq. tency). 

261 



§ 41-19-233 Public Health 

26 Am. Jur. Trials 97, Representing the 
Mentally 111: Civil Commitment Proceed- 
ings. 

§ 41-19-233. Site of center. 

The center shall be located on the site of the Mississippi State Hospital 
previously known as the Whitfield Annex. 

SOURCES: Laws, 1990, ch. 475, § 2; Laws, 1992, ch. 336, § 16, eff from and after 
July 1, 1992. 

§ 41-19-235. Department of finance and administration to 
construct and equip necessary facilities; State board of 
mental health to administer center. 

With funds provided by the Legislature, by direct appropriation or 
authorized bond issue, with federal matching funds, or with any other 
available funds, the Department of Finance and Administration is hereby 
authorized to construct and equip the necessary residential and service 
buildings and other facilities for the care and treatment of the mentally 
retarded. The general design of the center and all construction plans shall be 
approved and recommended by the State Board of Mental Health. 

The center shall be administered by the State Board of Mental Health. 

SOURCES: Laws, 1990, ch. 475, § 3, eff from and after July 1, 1990. 
Cross References — State Board of Mental Health, see § 41-4-3. 

§ 41-19-237. Eligibility for admission to center. 

A person may be deemed eligible for admission to the center if: 

(a) His parents or guardian or person in loco parentis has resided in the 
state not less than one (1) year before the date of admission; and 

(b) He is at least five (5) years of age and he is so mentally retarded that 
he is incapable of managing himself or his affairs, or he is retarded to the 
extent that special care, training and education provided at the center will 
enable him to better function in society; or 

(c) He is committed to the center by the chancery court in the manner 
hereinafter provided; or 

(d) He is under five (5) years of age and is approved for admission by the 
Board of Mental Health, upon the recommendation of the director, because 
of having an exceptional handicap. - 

SOURCES: Laws, 1990, ch. 475, § 4; Laws, 1992, ch. 336, § 17, eff from and after 
July 1, 1992. 

Cross References — Procedures for admission to center, see § 41-19-239. 
Penalty for unlawfully or improperly causing person to be adjudged mentally 
retarded, see § 41-19-243. 

262 



Mental Retardation Services § 41-19-239 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 1, 2 et seq. 

§ 41-19-239. Admission procedures. 

Admission of eligible persons to the center shall be as follows: 

(a) The parents or guardian or person in loco parentis of any person 
thought to be mentally retarded may file an application for admission to the 
center. Such application shall be made on an official form approved or 
furnished by the center. Within ten (10) days after the admission of the 
person to the center, the director shall have him examined by a qualified 
physician or psychologist or both. If he is found not to be mentally retarded, 
the parents, guardian or person in loco parentis shall be required to take him 
from the center. The results of the examination shall be entered upon the 
person's record if he is found to be mentally retarded and eligible to remain 
at the center. 

(b) If any mentally retarded person is afflicted to the extent that he 
needs care, supervision or control, or to the extent that he is likely to become 
dangerous or a menace if left at large, any relative or any citizen of the State 
of Mississippi may make affidavit of such fact and shall file such affidavit 
with the clerk of the chancery court of the county of such person's residence 
or with the clerk of the chancery court of any county in which such person 
might be found. When such affidavit is received by the chancery clerk, he 
shall follow the same procedure for commitment to the center as is provided 
for in state law for the commitment of persons to the state mental hospitals. 

(c) Mentally retarded persons may be admitted to the center by the 
director for a time sufficient for diagnosis, evaluation and training without 
formal commitment, provided such person is referred by another state 
agency or department. In such cases the person so admitted shall be subject 
to all regulations governing the center for such time as he remains. 

(d) The final determination of admission to the center shall be the 
decision of the director of the center. 

SOURCES: Laws, 1990, ch. 475, § 5; Laws, 1992, ch. 336, § 18, eff from and after 
July 1, 1992. 

Cross References — Eligibility for admission to center, see § 41-19-237. 
Commitment proceedings, see § 41-21-61 et seq. 
Patients' rights, see § 41-21-102. 

RESEARCH REFERENCES 

ALR. Modern status of rules as to stan- 9A Am. Jur. Legal Forms 2d, Incompe- 

dard of proof required in civil commitment tent Persons, §§ 141:11-141:15. 

proceedings. 97 A.L.R.3d 780. 14 Am. Jur. PI & Pr Forms, (Rev), In- 

Am Jur. 53 Am. Jur. 2d, Mentally Im- competent Persons, Forms 1-28 (initiation 

paired Persons §§ 4 et seq. of proceedings to determine competency 

263 



§ 41-19-241 Public Health 

status); Forms 61-76 (examination and Mentally 111: Civil Commitment Proceed- 
hearing to determine competency status), ings. 
26 Am. Jur. Trials 97, Representing the 

§ 41-19-241. Patient support and maintenance costs. 

Persons admitted to the center shall be assessed support and maintenance 
costs in accordance with the provisions of the state reimbursement laws as 
they apply to other state institutions. 

SOURCES: Laws, 1990, ch. 475, § 6; Laws, 1992, ch. 336, § 19, eff from and after 
July 1, 1992. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, Ellisville State School, South Mississippi Regional Center and 
Hudspeth Regional Center, see §§ 41-19-13, 41-19-114, 41-19-153, and 41-19-209, 
respectively. 

Payment of costs of commitment proceedings and institutionalization, see § 41-21- 
79. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 14 Am. Jur. PI & Pr Forms, (Rev), Incom- 

paired Persons §§ 120 et seq. petent Persons, Forms 181-214 (costs of 

9 A Am. Jur. Legal Forms 2d, Incompe- incompetency proceedings and expenses of 

tent Persons, §§ 141:34-141:37. support and treatment of incompetent). 

§ 41-19-243. Criminal offenses. 

ny person who (a) under the provisions of Section 41-19-237, knowingly and 
unlawfully or improperly causes a person to be adjudged mentally retarded, (b) 
procures the escape of a legally committed resident or knowingly conceals an 
escaped legally committed resident of the center, or (c) unlawfully brings any 
firearm, deadly weapon or explosive into the center or its grounds, or passes any 
thereof to resident, employee or officer of the center, is guilty of a misdemeanor 
and, upon conviction, shall be punished by a fine of not less than Fifty Dollars 
($50.00) nor more than Two Hundred Dollars ($200.00), imprisonment for not 
less than six (6) months nor more than one (1) year, or both. 

SOURCES: Laws, 1990, ch. 475, § 7, eff from and after July 1, 1990. 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violation, see § 99-19-73. 

RESEARCH REFERENCES 

ALR. Right to relief under Federal Civil finement in mental hospital. 16 A.L.R. 
Rights Act of 1871 (42 USCS § 1983) for Fed. 440. 
alleged wrongful commitment to or con- 



264 



Mental Retardation Services § 41-19-253 

§ 41-19-245. Center designated state agency. 

The Hudspeth Regional Center is hereby designated as a state agency for 
carrying out the purposes of any act of the Congress of the United States of 
America now existing or at any time hereafter enacted pertaining to mental 
retardation. 

SOURCES: Laws, 1990, ch. 475, § 8; Laws, 1992, ch. 336, § 20, eff from and after 
July 1, 1992. 

NORTH MISSISSIPPI STATE HOSPITAL AND SOUTH MISSISSIPPI 

STATE HOSPITAL 

Sec. 

41-19-251. North Mississippi State Hospital and South Mississippi State Hospital. 

41-19-253. Location sites selected by State Board of Mental Health. 

41-19-255. Administration by State Board of Mental Health. 

41-19-257. Eligibility criteria for admission to the facilities. 

41-19-259. Support and maintenance costs. 

41-19-261. Criminal penalties for certain actions in connection with the facilities or 

their patients. 
41-19-263. North Mississippi State Hospital and South Mississippi State Hospital 

designated as state agencies. 

§ 41-19-251. North Mississippi State Hospital and South Mis- 
sissippi State Hospital. 

The purpose of Sections 41-19-251 et seq. is to create, construct, equip, and 
maintain two (2) facilities for the acute care treatment of persons with mental 
illness who have been committed by the chancery court pursuant to Section 
41-21-61 et seq., which shall be known as the North Mississippi State Hospital 
and South Mississippi State Hospital. The South Mississippi State Hospital 
shall not be constructed or established until such time as sufficient funds have 
been appropriated or otherwise made available for that purpose by the 
Legislature. 

SOURCES: Laws, 1995, ch. 545, § 1, eff from and after July 1, 1995. 

§ 41-19-253. Location sites selected by State Board of Mental 
Health. 

The facilities shall be located on sites selected by the State Board of 
Mental Health and approved by the Mississippi Department of Finance and 
Administration. One (1) facility shall be located in the northern half of the 
state near an urban area or institution having adequate medical and hospital 
facilities, and one (1) facility shall be located in the southern half of the state 
near an urban area or institution having adequate medical and hospital 
facilities. 

SOURCES: Laws, 1995, ch. 545, § 2, eff from and after July 1, 1995. 

265 



§ 41-19-255 Public Health 

§ 41-19-255. Administration by State Board of Mental Health. 

(1) Out of funds provided therefor by the Legislature or from any other 
sources, the Department of Finance and Administration is authorized to 
purchase or acquire the necessary land for the location of the facilities; or the 
Department of Finance and Administration may acquire the land by gift, deed, 
transfer or other legitimate means; or the facilities may be located on land 
belonging to the state or one of its political subdivisions. However, any such 
land selected shall be transferred or deeded to the State of Mississippi for the 
sole use of the State Board of Mental Health in carrying out the provisions of 
Sections 41-19-251 et seq. The general design of the facilities and all construc- 
tion plans shall be approved and recommended by the State Department of 
Mental Health. 

(2) The facilities shall be administered by the State Board of Mental 
Health. 

SOURCES: Laws, 1995, ch. 545, § 3, eff from and after July 1, 1995. 

§ 41-19-257. Eligibility criteria for admission to the facilities. 

Persons who have attained the age of eighteen (18) years, who have been 
determined to be a mentally ill person as denned in Section 41-21-61 and who 
have been committed for treatment by the chancery court pursuant to Section 
41-21-61 et seq. shall be eligible for acute treatment at the facilities. 

SOURCES: Laws, 1995, ch. 545, § 4, eff from and after July 1, 1995. 

§ 41-19-259. Support and maintenance costs. 

Persons admitted to the facilities shall be assessed support and mainte- 
nance costs in accordance with the provisions of the state reimbursement laws 
as they apply to other state institutions. 

SOURCES: Laws, 1995, ch. 545, § 5, eff from and after July 1, 1995. 

Cross References — For comparable provisions with respect to North Mississippi 
Regional Center, Ellisville State School, South Mississippi Regional Center and 
Hudspeth Regional Center, see §§ 41-19-13, 41-19-114, 41-19-153, and 41-19-209, 
respectively. 

§ 41-19-261. Criminal penalties for certain actions in connec- 
tion with the facilities or their patients. 

Any person who (a) under the provisions of Sections 41-19-251 et seq. 
knowingly and unlawfully or improperly causes a person to be adjudged 
mentally ill, (b) procures the escape of a legally committed patient or 
knowingly conceals an escaped legally committed resident of the facility, or (c) 
unlawfully brings any firearm, deadly weapon or explosive into the facility or 
its grounds, or passes any thereof to patient, employee or officer of the facility, 

266 



Mental Retardation Services § 41-19-273 

is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of 
not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars 
($200.00), imprisonment for not less than six (6) months nor more than one (1) 
year, or both. 

SOURCES: Laws, 1995, ch. 545, § 6, eff from and after July 1, 1995. 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violation, see § 99-19-73. 

§ 41-19-263. North Mississippi State Hospital and South Mis- 
sissippi State Hospital designated as state agencies. 

The North Mississippi State Hospital and the South Mississippi State 
Hospital are designated as state agencies for carrying out the purposes of any 
act of the Congress of the United States of America existing on July 1, 1995, or 
enacted at any time after July 1, 1995, that pertains to mental illness. 

SOURCES: Laws, 1995, ch. 545, § 7, eff from and after July 1, 1995. 

CENTRAL MISSISSIPPI RESIDENTIAL CENTER 

Sec. 

41-19-271. Central Mississippi Residential Center established; purpose. 

41-19-273. Location and administration. 

41-19-275. Persons served. 

41-19-277. Support and maintenance costs. 

41-19-279. Possessing deadly weapon or explosive on grounds. 

41-19-281. Center as state agency for carrying out purposes of Congressional acts. 

§ 41-19-271. Central Mississippi Residential Center estab- 
lished; purpose. 

The purpose of Sections 41-19-271 through 41-19-281 is to create, equip, 
and maintain a residential facility for adults with chronic mental illness which 
shall be known as the Central Mississippi Residential Center. 

SOURCES: Laws, 1998, ch. 317, § 1, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 and 
the language of this section was revised accordingly pursuant to the direction of the 
Co-counsel for the Joint Legislative Committee on Compilation, Revision and Publica- 
tion of Legislation. 

§ 41-19-273. Location and administration. 

The center shall be located at the old Clarke College property in the City 
of Newton, and it shall be administered by the State Board of Mental Health. 

267 



§ 41-19-275 Public Health 

SOURCES: Laws, 1998, ch. 317, § 2, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 
pursuant to the direction of the Co-counsel for the Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. 

§ 41-19-275. Persons served. 

The center shall serve persons who have attained the age of twenty-one 
(21) years with chronic mental illness who would benefit from a structured 
living environment. 

SOURCES: Laws, 1998, ch. 317, § 3, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 
pursuant to the direction of the Co-counsel for the Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. 

§ 41-19-277. Support and maintenance costs. 

Persons admitted to the center shall be assessed support and maintenance 
costs in accordance with the provisions of the state reimbursement laws as 
they apply to other state facilities. 

SOURCES: Laws, 1998, ch. 317, § 4, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 
pursuant to the direction of the Co-counsel for the Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. 

§ 41-19-279. Possessing deadly weapon or explosive on 
grounds. 

Any person who knowingly brings any firearm, deadly weapon or explosive 
into the center or its grounds, or passes any thereof to a resident, employee or 
officer of the center, is guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two 
Hundred Dollars ($200.00), imprisonment for not less than six (6) months nor 
more than one (1) year, or both. 

SOURCES: Laws, 1998, ch. 317, § 5, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 

268 



Mental Retardation Services § 41-19-291 

pursuant to the direction of the Co-counsel for the Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. 

§ 41-19-281. Center as state agency for carrying out purposes 
of Congressional acts. 

The center is designated as a state agency for carrying out the purposes of 
any act of the Congress of the United States of America existing on July 1, 
1998, or enacted at any time after July 1, 1998, that pertains to mental illness. 

SOURCES: Laws, 1998, ch. 317, § 6, eff from and after July 1, 1998. 

Editor's Note — Laws of 1998, ch. 317, §§ 1-6 enacted Sections 41-19-261 through 
41-19-271. However, since Sections 41-19-261 and 41-19-263 previously existed, the 
sections enacted by chapter 317 were renumbered as 41-19-271 through 41-19-281 
pursuant to the direction of the Co-counsel for the Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. 

SPECIALIZED TREATMENT FACILITY IN HARRISON COUNTY 

Sec. 

41-19-291. Specialized Treatment Facility for the Emotionally Disturbed in Harri- 
son County; admissions; construction; funding. 

§ 41-19-291. Specialized Treatment Facility for the Emotion- 
ally Disturbed in Harrison County; admissions; construc- 
tion; funding. 

(1) The Specialized Treatment Facility for the Emotionally Disturbed, 
located in Harrison County, Mississippi, is recognized as now existing and 
shall be for the care and treatment of persons with mental illness. The facility 
shall have the power to receive and hold property, real, personal, and mixed, as 
a body corporate. The facility shall be under the direction and control of the 
State Board of Mental Health. 

(2) Admissions shall be limited to mentally or emotionally disturbed 
adolescents who have been committed to the facility by a youth court judge or 
chancellor as provided in Section 41-21-109, or who are voluntarily admitted to 
the facility. 

(3) With funds provided by the Legislature, by direct appropriation or 
authorized bond issue, with federal matching funds, or with any other 
available funds, the Bureau of Building, Grounds and Real Property Manage- 
ment may construct and equip the necessary residential and service buildings 
and other facilities to care for the residents of the Specialized Treatment 
Facility for the Emotionally Disturbed. The general design of the facility and 
all construction plans shall be approved and recommended by the State 
Department of Mental Health. 

(4) The Specialized Treatment Facility for the Emotionally Disturbed 
shall be administered by the State Board of Mental Health. Provisions relating 

269 



§ 41-19-291 Public Health 

to the admission and care of residents at the facility shall be promulgated by 
the board. 

(5) The Specialized Treatment Facility for the Emotionally Disturbed is 
authorized to establish and operate a school to meet the educational needs of 
its patients. 

(6) Persons admitted to the Specialized Treatment Facility for the Emo- 
tionally Disturbed shall be assessed support and maintenance costs in accor- 
dance with the provisions of the state reimbursement laws as they apply to 
other state institutions. 

(7) Any person who (a) knowingly and unlawfully or improperly causes a 
person to be adjudged mentally ill, (b) procures the escape of a legally 
committed patient or knowingly conceals an escaped legally committed patient 
of the facility or (c) unlawfully brings any firearm, deadly weapon or explosive 
into the facility or its grounds, or passes any thereof to a resident, employee or 
officer of the school, is guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not less than Fifty Dollars ($50.00), or more than Two 
Hundred Dollars ($200.00), imprisonment for not less than six (6) months, or 
both. 

(8) The Specialized Treatment Facility for the Emotionally Disturbed is 
designated as a state agency for carrying out the purposes of any act of the 
Congress of the United States, now existing or at any time hereafter enacted, 
pertaining to mental illness. 

(9) If no funding for the Specialized Treatment Facility for the Emotion- 
ally Disturbed is provided by state appropriation, the Department of Mental 
Health may lease the facility to carry out the purposes of the facility as 
provided in this section and Section 41-21-109. Before the facility may be 
leased, the department, in conjunction with the Bureau of Building, Grounds 
and Real Property Management of the Department of Finance and Adminis- 
tration, shall publicly issue requests for proposals, advertised in the same 
manner as provided in Section 31-7-13 for seeking competitive sealed bids. The 
requests for proposals shall contain terms and conditions relating to submis- 
sion of proposals, evaluation and selection of proposals, financial terms, legal 
responsibilities, and any other matters as the department and bureau deter- 
mine to be appropriate for inclusion. Upon receiving responses to the request 
for proposals, the department and bureau shall select the most qualified 
proposal or proposals on the basis of experience and qualifications of the 
proposers, the technical approach, the financial arrangements, the best value 
and overall benefits to the state, and any other relevant factors determined to 
be appropriate, and from those proposals, shall negotiate and enter a contract 
or contracts for the lease of the facility with one or more of the persons or firms 
submitting proposals. However, if the department and bureau deem none of 
the proposals to be qualified or otherwise acceptable, the request for proposals 
process may be reinitiated. 

(10) If the Specialized Treatment Facility for the Emotionally Disturbed is 
leased under subsection (9) of this section, the lessee of the facility must give 
first priority in hiring employees for the facility to the current employees at the 

270 



Mental Retardation Services § 41-19-301 

facility. This condition must be included as one (1) of the specifications in the 
request for proposals for leasing the facility. 

SOURCES: Laws, 2002, ch. 527, § 1; Laws, 2009, ch. 563, § 11, eff from and after 
passage (approved May 13, 2009.) 

Amendment Notes — The 2009 amendment added (9) and (10). 
Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violations, see § 99-19-73. 

MISSISSIPPI ADOLESCENT CENTER IN BROOKHAVEN 

Sec. 

41-19-301. Mississippi Adolescent Center for juveniles with mental retardation in 
Brookhaven; admissions; construction; funding. 

§ 41-19-301. Mississippi Adolescent Center for juveniles with 
mental retardation in Brookhaven; admissions; construc- 
tion; funding. 

(1) The Mississippi Adolescent Center located in Brookhaven, Mississippi, 
is recognized as now existing and shall be for the care and treatment of persons 
with mental retardation. The facility shall have the power to receive and hold 
property, real, personal and mixed, as a body corporate. The facility shall be 
under the direction and control of the State Board of Mental Health. 

(2) Admissions shall be limited to mentally retarded adolescents who 
have been committed to the center by a youth court judge or chancellor in 
accordance with Section 41-21-109, or who are voluntarily admitted to the 
center. 

(3) The Mississippi Adolescent Center is authorized to establish and 
operate a school to meet the educational needs of its clients. 

(4) With funds provided by the Legislature, by direct appropriation or 
authorized bond issue, with federal matching funds, or with any other 
available funds, the Bureau of Building, Grounds and Real Property Manage- 
ment may construct and equip the necessary residential and service buildings 
and other facilities to care for the residents of the Mississippi Adolescent 
Center. The general design of the facility and all construction plans shall be 
approved and recommended by the State Department of Mental Health. 

(5) The Mississippi Adolescent Center shall be administered by the State 
Board of Mental Health. Provisions relating to the admission and care of 
residents at the facility shall be promulgated by the board. 

(6) Persons admitted to the Mississippi Adolescent Center shall be as- 
sessed support and maintenance costs in accordance with the provisions of the 
state reimbursement laws as they apply to other state institutions. 

(7) Any person who (a) knowingly and unlawfully or improperly causes a 
person to be adjudged mentally retarded, (b) procures the escape of a legally 
committed resident or knowingly conceals an escaped legally committed 
resident of the facility, or (c) unlawfully brings any firearm, deadly weapon or 

271 



§ 41-19-301 Public Health 

explosive into the facility or its grounds, or passes any thereof to a resident, 
employee or officer of the school, is guilty of a misdemeanor and, upon 
conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00), 
or more than Two Hundred Dollars ($200.00), imprisonment for not less than 
six (6) months, or both. 

(8) The Mississippi Adolescent Center is designated as a state agency for 
carrying out the purposes of any act of the Congress of the United States, now 
existing or at any time hereafter enacted, pertaining to mental retardation. 

SOURCES: Laws, 2002, ch. 528 , § 1; Laws, 2009, ch. 563, § 13, eff from and after 
passage (approved May 13, 2009.) 

Amendment Notes — The 2009 amendment substituted "Mississippi Adolescent 
Center" for "Juvenile Rehabilitation Center" throughout the section. 

Cross References — Imposition of standard state assessment in addition to all 
court imposed fines or other penalties for any misdemeanor violations, see § 99-19-73. 



272 



CHAPTER 21 
Individuals with Mental Illness or Mental Retardation 

In General 41-21-1 

Persons in Need of Mental Treatment 41-21-61 

Crisis Intervention Mental Health Fund 41-21-151 

Screening, Testing, and Investigation by State Board of Health 41-21-201 

IN GENERAL 

Sec. 

41-21-1 through 41-21-29. Repealed. 

41-21-31 and 41-21-33. Repealed. 

41-21-35. Legal settlement of persons with mental illness and mental retardation. 

41-21-37 through 41-21-41. Repealed. 

41-21-43 and 41-21-45. Repealed. 

§§ 41-21-1 through 41-21-29. Repealed. 

Repealed by Laws, 1975, ch. 492, § 10, eff from and after July 1, 1975. 
§ 41-21-1. [Laws, 1948, ch. 394, §§ 1, 8; Laws, 1950, ch. 342, §§ 1, 2, 9] 
§ 41-21-3. [Laws, 1948, ch. 394, §§ 1, 8; Laws, 1950, ch. 342, §§ 1, 2, 9] 
§ 41-21-5. [Laws, 1948, ch. 394, § 2; Laws, 1950, ch. 342, § 3; Laws, 1971, 

ch. 430, § 1] 

§ 41-21-7. [Laws, 1948, ch. 394, § 3; Laws, 1950, ch. 342, § 4; Laws, 1964, 

ch. 428] 

§ 41-21-9. [Laws, 1948, ch. 394, § 4; Laws, 1950, ch. 342, § 5; Laws, 1974, 

ch. 391] 

§ 41-21-11. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-13. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-15. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-17. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-19. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-21. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-23. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-25. [Laws, 1948, ch. 394, §§ 5-12; Laws, 1950, ch. 342, §§ 6-13] 
§ 41-21-27. [Laws, 1950, ch. 342, § 14] 
§ 41-21-29. [Laws, 1950, ch. 464] 

Editor's Note — Former § 41-21-1 dealt in general terms with procedures for the 
commitment of persons to mental institutions and for the adjudication of mental illness 
or disability. For present provisions regarding commitment proceedings, see §§ 41- 
21-61 et seq. 

Former § 41-21-3 required the appointment of guardians of the persons or estates, or 
either, of persons adjudged to be of unsound mind and incapable of taking care of their 
persons or property. For present provisions regarding commitment proceedings, see 
§§ 41-21-61 et seq. 

Former § 41-21-5 provided for the commencement of commitment proceedings by an 
affidavit in chancery court, for costs, and for notification of the nearest of kin or 

273 



§ 41-21-31 Public Health 

guardian, if known, of the person alleged to be of unsound mind. For present provisions 
regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-7 provided for the person alleged by affidavit as being of unsound 
mind to be taken into custody by the sheriff for the purpose of being examined by two 
qualified physicians, and provided for their appointment. For present provisions 
regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-9 related to the mental and physical examination by two qualified 
physicians of the person alleged to be of unsound mind, the place of such examination, 
witnesses and testimony, and the report and certificate of the examining physicians. 
For present provisions regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-11 dealt with the certificate of findings of the two physicians 
examining a person alleged to be of unsound mind, the form and details of filing such 
certificate, and granted the examining physicians immunity from civil or criminal 
liability for their services. For present provisions regarding commitment proceedings, 
see §§ 41-21-61 et seq. 

Former § 41-21-13 dealt with the procedure following examination and the filing of 
the certificate, the discharge of the subject if he is found not to be of unsound mind, the 
appointment of a guardian if he is found to be of unsound mind but does not require 
confinement, and his commitment and delivery to a mental institution if he does require 
confinement. For present provisions regarding commitment proceedings, see §§ 41- 
21-61 et seq. 

Former § 41-21-15 provided for a hearing before the chancellor on the issue of the 
mental condition of the person adjudged to be of unsound mind. For present provisions 
regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-17 fixed liability for the payment of expenses of the hearing provided 
for by former § 41-21-15 and of conveying the subject to and from the site of the 
hearing. For present provisions regarding commitment proceedings, see §§ 41-21-61 et 
seq. 

Former § 41-21-19 provided for the fees and expenses of the two examining 
physicians, the chancery clerk, and the sheriff. For present provisions regarding 
commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-21 contained provisions for the handling of persons charged with 
criminal offenses and alleged or adjudicated to be of unsound mind. For present 
provisions regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-23 contained procedures for the examination and commitment of a 
person without the affidavit provided for in former § 41-21-5. For present provisions 
regarding commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-25 fixed liability for the care and payment of expenses of mainte- 
nance of mental patients in state mental hospitals. For present provisions regarding 
commitment proceedings, see §§ 41-21-61 et seq. 

Former § 41-21-27 provided for the adjudication of the restoration to reason of a 
person for whom a guardian had been appointed or who had been adjudged of unsound 
mind, under the provisions of former §§ 41-21-1 through 41-21-27, upon petition and 
hearing in chancery. For present provisions regarding commitment proceedings, see 
§§ 41-21-61 et seq. 

Former § 41-21-29 authorized the transportation of mentally ill patients who are 
residents of other states to their states of residence and the payment of expenses 
therefor. For present provisions regarding commitment proceedings, see §§ 41-21-61 et 
seq. 

§§ 41-21-31 and 41-21-33. Repealed. 

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage 
(approved April 23, 1974). 

274 



Mentally III Persons, Etc. § 41-21-45 

§ 41-21-31. [Codes, 1892, § 2832; 1906, § 3216; Hemingway's 1917, 
§ 5558; 1930, § 4573; 1942, § 6906] 

§ 41-21-33. [Laws, 1946, ch. 485; Laws, 1948, ch. 400, §§ 1, 2] 

Editor's Note — Former § 41-21-31 dealt with the liability for care and mainte- 
nance of mental patients not covered by former § 41-21-25. 

Former § 41-21-33 related to the care of harmless mentally ill persons at institutions 
under the control of the former board of trustees of mental institutions. 

The 1974 repealing act created a new state board and department of mental health 
to act in lieu of certain abolished agencies. See §§ 41-4-1 et seq. Section 16 of the 
repealing act provided, in part, that "all powers, duties and responsibilities transferred 
by this act shall remain under the authority and responsibility of existing state 
agencies until July 1, 1974." 

§ 41-21-35. Legal settlement of persons with mental illness 
and mental retardation. 

The rule as to the legal settlement of paupers shall apply in cases of 
persons with mental illness and persons with mental retardation. 

SOURCES: Codes, 1880, § 667; 1892, § 2834; 1906, § 3218; Hemingway's 1917, 
§ 5560; 1930, § 4575; 1942, § 6908; Laws, 2008, ch. 442, § 16, eff from and 
after July 1, 2008. 

Amendment Notes — The 2008 amendment substituted "persons with mental 
illness and persons with mental retardation" for "lunatics and insane persons." 
Cross References — Settlement of paupers, see § 43-31-19. 

§§ 41-21-37 through 41-21-41. Repealed. 

Repealed by Laws, 1975, ch. 492, § 10, eff from and after July 1, 1975. 

§ 41-21-37. [Codes, 1892, §§ 2841, 2842; 1906, §§ 3225, 3226; Heming- 
way's 1917, §§ 5567, 5568; 1930, §§ 4582, 4583; 1942, §§ 6915, 6916] 

§ 41-21-39. [Codes, 1892, §§ 2841, 2842; 1906, §§ 3225, 3226; Heming- 
way's 1917, §§ 5567, 5568; 1930, §§ 4582, 4583; 1942, §§ 6915, 6916] 

§ 41-21-41. [Codes, 1871, §§ 2091, 2095; 1880, § 664; 1892, § 2845; 1906, 
§ 3230; Hemingway's 1917, § 5572; 1930, § 4586; 1942, § 6919] 

Editor's Note — Former § 41-21-37 dealt with the issuance and execution of 
warrants for the arrest and return to custody of escaped mental patients. 

Former § 41-21-39 related to the discharge and certification of sanity of mental 
patients found not to be insane. 

Former § 41-21-41 related to the removal from state mental hospitals of patients 
found to be harmless incurables and of patients restored to reason. 

The 1975 act which repealed the above sections contained new provisions dealing 
with persons in need of mental treatment. See §§ 41-21-61 et seq. 

§§ 41-21-43 and 41-21-45. Repealed. 

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 
2008. 

275 



§ 41-21-61 Public Health 

§ 41-21-43. [Codes, Hemingway's 1921 Supp. § 5728bl; 1930, § 7291; 
1942, § 6781; Laws, 1920, ch. 210.] 

§ 41-21-45. [Codes, Hemingway's 1921 Supp. § 5728cl; 1930, § 7292; 
1942, § 6782; Laws, 1920, ch 210.] 

Editor's Note — Former § 41-21-43 required counties to temporarily provide for the 
maintenance of indigent mentally retarded persons. 

Former § 41-21-45 prohibited cohabitation with mentally retarded persons. 

PERSONS IN NEED OF MENTAL TREATMENT 

Sec. 

41-21-61. Definitions. 

41-21-63. Commitment proceedings; jurisdiction of chancery court and circuit 

court. 
41-21-65. Affidavit for commitment. 

41-21-67. Person to be taken into custody; appointment of examining physicians, 

or physician and psychologist, nurse practitioner or physician assistant; 

appointment of attorney; emergency patient status. 
41-21-69. Examination by physicians or physician and psychologist, nurse prac- 

titioner or physician assistant; presence of attorney. 
41-21-71. Procedure after examination; release or confinement pending hearing. 

41-21-73. Procedures for hearing; evidence; witnesses; commitment; disposition 

and findings. 
41-21-74. Requirements for outpatient commitments. 

41-21-75. Repealed. 

41-21-76. Waiver of rights by respondent. 

41-21-77. Commitment to state hospital or Veterans Administration facility. 

41-21-79. Payment of costs. 

41-21-81. Twenty days' observation, diagnosis and treatment; notice of need for 

further treatment; right to hearing on need for further treatment. 
41-21-82. Report prior to termination of initial commitment or discharge. 

41-21-83. Hearing on need for further treatment. 

41-21-85. Payment of costs of hearing on need for further treatment. 

41-21-87. Discharge at behest of director of treatment facility. 

41-21-89. Discharge at behest of patient, attorney, relative or guardian. 

41-21-91. Deportation of nonresidents. 

41-21-93. Warrant for patient absent without authorization. 

41-21-95. Payment of costs incurred in transporting discharged patients home or 

returning patients on unauthorized leave. 
41-21-97. Confidentiality of hospital records and information; exceptions. 

41-21-99. Continued care of patients. 

41-21-101. Admissions and commitments not adjudication of incompetency. 
41-21-102. Patients' rights. 

41-21-103. Voluntary admissions for treatment. 
41-21-105. Civil and criminal immunity. 
41-21-107. Criminal offenses. 
41-21-109. Rehabilitation facilities for adolescents with mental illness or mental 

retardation; establishment. 

§ 41-21-61. Definitions. 

As used in Sections 41-21-61 through 41-21-107, unless the context 
otherwise requires, the following terms defined have the meanings ascribed to 
them: 

276 



Mentally III Persons, Etc. § 41-21-61 

(a) "Chancellor" means a chancellor or a special master in chancery. 

(b) "Clerk" means the clerk of the chancery court. 

(c) "Director" means the chief administrative officer of a treatment 
facility or other employee designated by him as his deputy. 

(d) "Interested person" means an adult, including but not limited to, a 
public official, and the legal guardian, spouse, parent, legal counsel, adult, 
child next of kin, or other person designated by a proposed patient. 

(e) "Mentally ill person" means any person who has a substantial 
psychiatric disorder of thought, mood, perception, orientation, or memory 
which grossly impairs judgment, behavior, capacity to recognize reality, or to 
reason or understand, which (i) is manifested by instances of grossly 
disturbed behavior or faulty perceptions; and (ii) poses a substantial 
likelihood of physical harm to himself or others as demonstrated by (A) a 
recent attempt or threat to physically harm himself or others, or (B) a failure 
to provide necessary food, clothing, shelter or medical care for himself, as a 
result of the impairment. "Mentally ill person" includes a person who, based 
on treatment history and other applicable psychiatric indicia, is in need of 
treatment in order to prevent further disability or deterioration which would 
predictably result in dangerousness to himself or others when his current 
mental illness limits or negates his ability to make an informed decision to 
seek or comply with recommended treatment. "Mentally ill person" does not 
include a person having only one or more of the following conditions: (1) 
epilepsy, (2) mental retardation, (3) brief periods of intoxication caused by 
alcohol or drugs, (4) dependence upon or addiction to any alcohol or drugs, or 
(5) senile dementia. 

(f) "Mentally retarded person" means any person (i) who has been 
diagnosed as having substantial limitations in present functioning, mani- 
fested before age eighteen (18), characterized by significantly subaverage 
intellectual functioning, existing concurrently with related limitations in 
two or more of the following applicable adaptive skill areas: communication, 
self-care, home living, social skills, community use, self-direction, health and 
safety, functional academics, leisure and work, and (ii) whose recent conduct 
is a result of mental retardation and poses a substantial likelihood of 
physical harm to himself or others in that there has been (A) a recent 
attempt or threat to physically harm himself or others, or (B) a failure and 
inability to provide necessary food, clothing, shelter, safety, or medical care 
for himself. 

(g) "Physician" means any person licensed by the State of Mississippi to 
practice medicine in any of its branches. 

(h) "Psychologist" when used in Sections 41-21-61 through 41-21-107, 
means a licensed psychologist who has been certified by the State Board of 
Psychological Examiners as qualified to perform examinations for the 
purpose of civil commitment. 

(i) "Treatment facility" means a hospital, community mental health 
center, or other institution qualified to provide care and treatment for 
mentally ill, mentally retarded, or chemically dependent persons. 

277 



§ 41-21-61 



Public Health 



SOURCES: Laws, 1975, ch. 492, § 1; Laws, 1976, ch. 401, § 2; Laws, 1984, ch. 477, 
§ 1; Laws, 1985, ch. 454, § 1; Laws, 1994, ch. 533, § 1; Laws, 1994, ch. 599, § 1, 
eff from and after July 2, 1994. 

Cross References — Representation of persons in need of mental treatment by 
public defender, see § 25-32-9. 

Prohibition against full-time staff member of resident treatment facility operated by 
department of mental health conducting initial involuntary commitment examination, 
see § 41-21-67. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Requirements for outpatient commitments, see § 41-21-74. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Civil commitment proceedings required in order for youth court to commit minor to 
State institution designed for special care, see § 43-21-611. 

Appointment of guardians for persons in need of mental treatment, see § 93-13-111. 

Statutory provisions for commitment of persons in need of mental treatment not 
impairing validity of prior guardianships for persons of unsound mind, see § 93-13-128. 

Procedure for restoration to reason and discharge of guardian of person for whom 
guardian has been appointed or who has been found in need of mental treatment, see 
§ 93-13-151. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

Insanity defense, see Miss. Uniform Rules of Circuit and County Court Practice, Rule 
9.07. 

JUDICIAL DECISIONS 



1. In general. 

2. Person with mental illness. 

1. In general. 

The term "public treatment facility" in 
§ 41-21-63, which provides that no person 
shall be committed to a public treatment 
facility except under the provisions of the 
involuntary commitment statutes, encom- 
passes private treatment facilities. Lee v. 
Alexander, 607 So. 2d 30 (Miss. 1992). 

There are 2 exclusive methods available 
to courts for committing an individual 
indefinitely to a state hospital, due to 
mental disorders. The first method of com- 
mitment requires acquittal by a jury on 
the basis of insanity or feeble-mindedness; 
§ 99-13-7 deals with acquittal of a crime 
by reason of insanity, and § 99-13-9 pro- 
vides for acquittal for feeble-mindedness. 
The second method of indefinite commit- 
ment requires a hearing before a chancel- 
lor prior to the individual being ordered to 
the state hospital for treatment and is 
found in §§ 41-21-61 through 41-21-107. 
The legislature has not seen fit to bestow 
upon circuit judges the power to indefi- 



nitely commit an individual without the 
concurrence of a jury or without deferring 
to the chancellor through §§ 41-21-61 to 
41-21-107 and, therefore, commitment of 
an individual to a state hospital requires 
more than a mere order by a circuit court 
judge. Hendrix v. Gammage, 556 So. 2d 
354 (Miss. 1990). 

A person may not be involuntarily com- 
mitted to a state mental institution unless 
(1) there is clear and convincing evidence 
that the person is in substantial need of 
mental treatment, and (2) the state ren- 
ders to him a minimally adequate course 
of care and treatment; accordingly, a de- 
ceased had a substantive right not to be 
"warehoused," and if he was substantially 
mentally ill, the state's right to commit 
him involuntarily was conditioned on its 
affording him minimally adequate care 
and treatment. Chill v. Mississippi Hosp. 
Reimbursement Comm'n, 429 So. 2d 574 
(Miss. 1983). 

2. Person with mental illness. 

Detailed office notes presented at the 
involuntary commitment hearing by the 



278 



Mentally III Persons, Etc. 



§ 41-21-63 



two doctors who examined the individual 
were sufficient to meet the evidentiary 
requirements under Miss. Code Ann. 
§ 41-21-61(e). In re Bauman, 878 So. 2d 
1033 (Miss. Ct. App. 2004). 

In defendant's capital murder case, de- 
fendant produced enough evidence to be 
granted leave to proceed with a petition 
for post-conviction relief in the trial court 
on the issue of his mental retardation 
where he submitted expert testimony re- 
garding his low IQ level. Goodin v. State, 
856 So. 2d 267 (Miss. 2003), cert, denied, 



541 U.S. 947, 124 S. Ct. 1681, 158 L. Ed. 
2d 375 (2004). 

Evidence that a person alleged to be 
mentally ill had molested a cousin as a 
child was properly excluded by the trial 
court as such evidence did not show a 
"recent attempt" to harm others and there 
was no evidence indicating that the per- 
son had in the past been charged or con- 
victed of pedophilia. McCorkle v. 
McCorkle, 811 So. 2d 258 (Miss. Ct. App. 
2001). 



ATTORNEY GENERAL OPINIONS 



Commitment proceeding is specialized 
litigation; $75 is fee, if affiant is able to 
pay same. Jones Nov. 10, 1993, A.G. Op. 
#93-0514. 

There is no specific procedure outlined 
in Sections 41-21-61, et seq. regarding 
court orders to require committed patient 
to take medication; such a proceeding 
would be similar to procedures delineated 
in Sections 41-21-81 and 41-21-99 and 
burden to obtain order would be upon 



treatment facility, and not on local author- 
ities in originating jurisdiction. Zachary, 
March 2, 1994, A.G. Op. #94-0068. 

There is no indication that Sections 
41-30-1 et seq. and Sections 41-21-61 et 
seq. are in anyway interchangeable and to 
admit or commit individual under mis- 
taken statutory provision is denial of due 
process rights. Presley, March 3, 1994, 
A.G. Op. #93-0999. 



RESEARCH REFERENCES 

ALR. 29 A.L.R. Proof of Facts 2d 571, 
Phobic Neurosis (Phobic Reaction) Follow- 
ing Trauma. 

§ 41-21-63. Commitment proceedings; jurisdiction of chan- 
cery court and circuit court. 

(1) No person, other than persons charged with crime, shall be committed 
to a public treatment facility except under the provisions of Sections 41-21-61 
through 41-21-107 or 43-21-611 or 43-21-315. However, nothing herein shall be 
construed to repeal, alter or otherwise affect the provisions of Section 35-5-31 
or to affect or prevent the commitment of persons to the Veterans Administra- 
tion or other agency of the United States under the provisions of and in the 
manner specified in said sections. 

(2) The chancery court, or the chancellor in vacation shall have jurisdic- 
tion under Sections 41-21-61 through 41-21-107 except over persons with 
unresolved criminal charges pending. 

(3) The circuit court shall have jurisdiction under Sections 99-13-7, 
99-13-9 and 99-13-11. 

SOURCES: Laws, 1975, ch. 492, § 2; Laws, 1976, ch. 401, § 3; Laws, 1984, ch. 477, 
§ 2; Laws, 1985, ch. 454, § 6; Laws, 1994, ch. 533, § 1; Laws, 1994, ch. 599, § 2; 



279 



§ 41-21-63 



Public Health 



Laws, 1996, ch. 430, § 2, eff from and after passage (approved March 25, 
1996). 

Cross References — Establishment of State Board of Mental Health and State 
Department of Mental Health, see §§ 41-4-1 et seq. 

Retention of respondent as emergency patient prior to formal commitment, see 
§ 41-21-67. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Prohibition against involuntary commitment of persons whose primary problems are 
physical disabilities associated with old age or infant birth defects, see § 41-21-73. 

Deportation of nonresidents, see § 41-21-91. 

Effect of commitment upon patients' civil rights, see § 41-21-101. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Voluntary admission of mentally ill and retarded persons of particular age or marital 
status, see § 41-21-103. 

Hearing on petition of voluntary admittee to Mississippi State Hospital at Whitfield 
to leave facility, see § 41-21-103. 

Initiation of proceedings by the commissioner of corrections for the commitment of 
mentally ill or retarded offenders, see § 47-5-120. 

Criminal offense for sending sane person to insane asylum, see § 97-3-13. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 



1. In general. 

2. Construction and application, gener- 

ally. 

3. Jurisdiction. 

4. Evidence. 

1. In general. 

Due process clause did not oblige state 
to make its civil commitment processes 
available to those who had been charged 
with or convicted of crimes, even if ar- 
restee would have had due process right to 
notice and hearing before being trans- 
ferred to mental health facility. 
McKlemurry ex rel. Rayborn v. Hendrix, 
971 F. Supp. 1089 (S.D. Miss. 1997). 

Arrestee had no due process protection 
against being arrested for probation viola- 
tion of possessing beer, despite his claim 
that possession of beer was manifestation 
of depression that would have warranted 
civil commitment rather than arrest; al- 
though arresting officers were not trained 
mental health professionals, there was no 
demonstration that arrestee met criteria 
for insanity. McKlemurry ex rel. Rayborn 
v. Hendrix, 971 F. Supp. 1089 (S.D. Miss. 
1997). 



Arrestee, who had been arrested for 
probation violation of possessing beer, did 
not have equal protection right to civil 
commitment, rather than incarceration. 
McKlemurry ex rel. Rayborn v. Hendrix, 
971 F. Supp. 1089 (S.D. Miss. 1997). 

Statute precluding civil commitment to 
state psychiatric hospital of those charged 
with crimes did not proscribe provision of 
treatment, psychiatric or otherwise, for 
persons charged with crimes and, thus, 
statute did not violate equal protection; 
county could provide arrestee with treat- 
ment for his mental illness, but responsi- 
bility for providing treatment was coun- 
ty's duty, not State's duty. McKlemurry ex 
rel. Rayborn v. Hendrix, 971 F. Supp. 1089 
(S.D. Miss. 1997). 

This section [Code 1942, § 6917] does 
not absolve from liability those who by 
false and fraudulent certificates mislead 
the asylum authorities. Bacon v. Bacon, 76 
Miss. 458, 24 So. 968 (1899). 

The section [Code 1942, § 6909] does 
not conflict with any provision of the state 
constitution, nor with the 14th amend- 
ment to the Federal Constitution. Fant v. 
Buchanan, 17 So. 371 (Miss. 1895). 



280 



Mentally III Persons, Etc. 



§ 41-21-63 



2. Construction and application, gen- 

erally. 

The term "public treatment facility" in 
§ 41-21-63, which provides that no person 
shall be committed to a public treatment 
facility except under the provisions of the 
involuntary commitment statutes, encom- 
passes private treatment facilities. Lee v. 
Alexander, 607 So. 2d 30 (Miss. 1992). 

Where the alleged incompetent owner of 
realty and his guardian were both made 
parties to a proceeding to foreclose a trust 
deed given by the guardian, and the owner 
appeared in the proceeding to contest con- 
firmation of the sale on the ground of 
invalidity of the adjudication of insanity 
and appointment of a guardian because 
the owner was not served with process, 
questions as to the regularity and efficacy 
of the foreclosure proceedings were res 
judicata in a subsequent proceeding to 
remove the cloud from the title (the sale 
having been confirmed), if the owner was 
sane, since he was not only properly sum- 
moned but appeared and resisted the en- 
try of the final decree on the identical 
grounds urged in the proceeding to clear 
the title, and they were also res judicata, 
even if the owner was insane and the 
appointment of the guardian was invalid 
because no process had been served on the 
owner in the incompetency proceedings, 
since he was properly sued through the 
guardian, who was at least invested with 
the capacities of a guardian ad litem or 
next friend. Dana v. Zerkowsky, 192 Miss. 
302, 5 So. 2d 423 (1942). 

A superintendent of an insane hospital 
is entitled to the custody of an adjudged 
lunatic committed to it by order of the 
court. Mabry v. Hoye, 124 Miss. 144, 87 
So. 4 (1921). 

This section [Code 1942, § 6909] is au- 
thority for confining dangerous or indi- 
gent lunatics for the protection of them- 
selves and the safety of the public and the 
clerk may exercise such authority in vaca- 
tion and his act may be revised by the 
court and either set aside or approved. 
Baum v. Greenwald, 95 Miss. 765, 49 So. 
836 (1909). 

3. Jurisdiction. 

If criminal defendant is not competent 
to assist in defense, court should enter 
order so finding and commit him to men- 



tal institution or such other facility as 
court may deem appropriate under cir- 
cumstances, to receive treatment for his 
condition, and order of commitment 
should require regular reports advising 
court: (1) whether there is substantial 
probability that defendant will become 
mentally competent to stand trial; (2) 
whether defendant is progressing toward 
competency; and, if neither of these condi- 
tions occurs within reasonable time, judge 
should order civil commitment proceed- 
ings be instituted. Gammage v. State, 510 
So. 2d 802 (Miss. 1987). 

Where indictment for murder was, on 
motion of state, passed to files, and defen- 
dant subsequently adjudged insane and 
committed to asylum by chancery court, 
circuit court was not deprived of jurisdic- 
tion to try defendant for murder. Byrd v. 
State, 179 Miss. 336, 175 So. 190 (1937). 

Where prisoner was in custody of circuit 
court under indictment for felony, circuit 
court could pass upon question of his 
sanity, despite prior adjudication of insan- 
ity by chancery court. Hoye v. State, 169 
Miss. Ill, 152 So. 644 (1934). 

But where a person is held in jail under 
indictment by an order of the circuit court 
he is in the exclusive jurisdiction of that 
court and the chancery court has no juris- 
diction to inquire into his sanity. Hawie v. 
Hawie, 128 Miss. 473, 91 So. 131 (1922). 

The chancery courts have jurisdiction of 
writs of lunacy and the commitment of an 
adjudged lunatic to an insane hospital 
and his confinement therein. Mabry v. 
Hoye, 124 Miss. 144, 87 So. 4 (1921). 

4. Evidence. 

In a habeas corpus proceeding by one 
charged with murder and confined to the 
Mississippi State Hospital after having 
been found incompetent to stand trial, the 
petitioner was not denied due process of 
law where the burden of proof was placed 
upon him to prove that he had recovered 
his sanity and was no longer likely to 
cause harm to himself or others and 
where the state presented expert testi- 
mony that the petitioner was a paranoid 
schizophrenic, then in tenuous remission, 
and that he would pose a danger to him- 
self or others if released from the hospital. 
Bethany v. Stubbs, 393 So. 2d 1351 (Miss. 
1981). 



281 



41-21-65 



Public Health 



Under this section [Code 1942, § 6909] 
a jury may order a person confined where 
the evidence justifies, but is doubtful. 



Baum v. Greenwald, 95 Miss. 765, 49 So. 
836 (1909). 



ATTORNEY GENERAL OPINIONS 



Section 41-21-63(3) limits the circuit 
court's jurisdiction in commitment pro- 
ceedings to persons indicted and charged 
with felonies; consequently, there is no 
prohibition against the chancery court as- 
serting jurisdiction in civil commitment 
proceedings where there are unresolved 
misdemeanor charges pending against the 
mentally ill person. McKenzie, October 
24, 1995, A.G. Op. #95-0217. 

Under Section 43-21-611, the youth 
court would have original jurisdiction over 



commitment of a mentally ill juvenile only 
where that juvenile is already in youth 
court jurisdiction as abused, neglected, 
delinquent, in need of supervision or de- 
pendent. Jurisdiction over commitment 
proceedings for adults and for all other 
juveniles would be in chancery court pur- 
suant to Section 41-21-63. Floyd, March 
29, 1996, A.G. Op. #96-0148. 



RESEARCH REFERENCES 



ALR. Alleged incompetent as witness in 
lunacy inquisition. 22 A.L.R.2d 756. 

Constitutional right to jury trial in pro- 
ceeding for adjudication of incompetency 
or insanity or for restoration. 33 A.L.R.2d 
1145. 

Right, without judicial proceeding, to 
arrest and detain one who is, or is sus- 
pected of being, mentally deranged. 92 
A.L.R.2d 570. 

Right to relief under Federal Civil 
Rights Act of 1871 (42 USCS § 1983) for 
alleged wrongful commitment to or con- 
finement in mental hospital. 16 A.L.R. 
Fed. 440. 



Validity, construction, application, and 
effect of Civil Rights of Institutionalized 
Persons Act, 42 USCS §§ 1997-1997J. 93 
A.L.R. Fed. 706. 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 4 et seq. 

28 Am. Jur. Proof of Facts 548, Confine- 
ment to Mental Institution, Proof No. 17 
(proof of confinement to mental institu- 
tion). 

4 Am. Jur. Trials, Incompetency and 
Commitment Proceedings, §§ 1 et seq. 

26 Am. Jur. Trials 97, Representing the 
Mentally 111: Civil Commitment Proceed- 
ings. 



§ 41-21-65. Affidavit for commitment. 

If any person is alleged to be in need of treatment, any relative of the 
person, or any interested person, may make affidavit of that fact and shall file 
the affidavit with the clerk of the chancery court of the county in which the 
person alleged to be in need of treatment resides, posting with the clerk a 
reasonable sum not to exceed Four Hundred Dollars ($400.00) for court costs 
in the premises if financially able. The chancellor is authorized to immediately 
transfer the cause of a person alleged to be in need of treatment from the 
county where the person was found to the person's county of residence. The 
affidavit shall be filed in duplicate. The affidavit shall set forth the name and 
address of the proposed patient's nearest relatives, if known, and the reasons 
for the affidavit. The affidavit must contain factual descriptions of the proposed 
patient's recent behavior, including a description of the behavior, where it 
occurred, and over what period of time it occurred. Each factual allegation 



282 



Mentally III Persons, Etc. 



§ 41-21-65 



must be supported by observations of witnesses named in the affidavit. 
Affidavits shall be stated in behavioral terms and shall not contain judgmental 
or conclusory statements. 

SOURCES: Laws, 1975, ch. 492, § 3(1); Laws, 1984, ch. 477, § 3; Laws, 2004, ch. 
565, § 1; Laws, 2009, ch. 525, § 1, eff from and after July 1, 2009. 

Amendment Notes — The 2009 amendment inserted "not to exceed Four Hundred 
Dollars ($400.00)" in the first sentence; and made a minor stylistic change. 

Cross References — Definition of an "interested person" for purposes of commit- 
ment of persons in need of mental health treatment, see § 41-21-61. 

Provisions relative to taking person into custody, appointment of examining physi- 
cians, appointment of attorney, and emergency patient status, see § 41-21-67. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Prohibition against involuntary commitment of persons whose primary problems are 
physical disabilities associated with old age or infant birth defects, see § 41-21-73. 

Effect of commitment upon patients' civil rights, see § 41-21-101. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Patient's right to program of care and treatment designed to render further custody 
or institutionalization unnecessary, see § 41-21-102. 

Voluntary admissions for treatment, see § 41-21-103. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 



1. In general. 

2. Construction with other law. 

1. In general. 

In civil commitment proceedings involv- 
ing persons charged with crimes who have 
been determined to lack the mental capac- 
ity to stand trial, an order of the circuit 
court reciting that the accused has been 
indicted for a criminal offense and that 
the court is of the opinion that he is 
suffering from such mental disease or dis- 
order as to cause him to be incompetent to 
stand trial and that he should be referred 
to the chancery court to undergo civil 
commitment procedures shall be in lieu of 
the affidavit for commitment provided for 
in this section. Brown v. Jaquith, 318 So. 
2d 856 (Miss. 1975). 

One held under a valid commitment 
under this section [Code 1942, § 6909-03] 
is not entitled to release on habeas corpus 
because of alleged illegality of a recommit- 
ment following an escape. Brown v. 
United States, 321 F.2d 898 (5th Cir. 
1963). 

The provision of this section [Code 1942, 
§ 6909-03] that the affidavit of "any citi- 



zen" may be received in commitment pro- 
ceedings operates to qualify that of Code 
1942, § 1689 making a spouse an incom- 
petent witness. Brown v. United States, 
321 F.2d 898 (5th Cir. 1963). 

A former wife is not a relative within 
the contemplation of the statute. Wactor v. 
Wactor, 245 Miss. 132, 146 So. 2d 540 
(1962). 

2. Construction with other law. 

Summary judgment was properly 
granted on a patient's negligence per se 
claim against her two stepsons because, 
while the patient argued that a pauper's 
affidavit had to be filed by a guardian, 
which neither stepson was, she cited no 
statutes or case law forbidding non-guard- 
ians to file pauper's affidavits; Miss. Code 
Ann. § 41-21-65 permitted any relative or 
any interested person to and file an affi- 
davit regarding a person alleged to be in 
need of treatment. Miss. Code Ann. § 41- 
21-67(1), which governed proceedings af- 
ter an affidavit was filed, instructed trial 
judges, and whatever implication arose 
from it regarding private conduct was 
insubstantial; thus, there is no basis on 



283 



§ 41-21-67 



Public Health 



which to find that either statute created a 
duty upon which to base a negligence per 
se claim. Tebo v. Tebo, 550 F.3d 492 (5th 
Cir. 2008). 

Summary judgment was properly 
granted on a patient's malicious prosecu- 
tion claim against her two stepsons be- 
cause there no dispute of material fact on 
the issue of probable cause. There was no 
evidence that either of the stepsons be- 
lieved that the behavior they described in 



their affidavits in order to initiate invol- 
untary commitment proceedings against 
the patient under Miss. Code Ann. § 41- 
21-65 did not constitute probable cause; 
moreover, the patient's admittedly erratic 
behavior eliminated a genuine issue of 
material fact as to whether there were no 
reasonable grounds for the statements in 
the affidavits and the belief that she was 
in need of treatment. Tebo v. Tebo, 550 
F.3d 492 (5th Cir. 2008). 



ATTORNEY GENERAL OPINIONS 






Chancellor, rather than Clerk, must 
make decision on whether or not to have 
person in need of treatment taken into 
custody under statute; clerk may not re- 
fuse to accept affidavit filed by any person 
under this section. Crumpton, July 2, 
1992, A.G. Op. #92-0484. 

This section permits family members of 
a person in need of treatment to file the 
required affidavit in the chancery court of 
the county of residence of that person. If 
the person in need of treatment is in the 
custody of the sheriff in another county, 
pursuant to § 41-21-67 the chancery court 
judge of the county of residence of such 
person has the authority to have the clerk 
issue a writ to the sheriff of the county 
where such person is in custody to have 
the person transported to the clerk or 



chancellor of the person's county of resi- 
dence. Alternatively, § 41-21-67 also au- 
thorizes the writ to be directed to the 
sheriff of the county of residence of the 
person in need of treatment. If the writ is 
directed to the sheriff of a foreign county, 
then the sheriff may recover the costs of 
transportation from the county of resi- 
dence of the person in need of treatment 
as provided in § 41-21-79. Morrow, Nov. 5, 
2004, A.G. Op. 04-0540. 

No authority can be found for a munic- 
ipality to voluntarily pay the costs to ini- 
tiate civil commitment proceedings on be- 
half of a prisoner which are the statutory 
responsibility of the individual or county 
of residence. Blakley, Aug. 25, 2006, A.G. 
Op. 06-0383. 



RESEARCH REFERENCES 



Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 4 et seq. 

14 Am. Jur. PI & Pr Forms (Rev), Incom- 
petent Persons, Form 21 (affidavit — of 
mental disability — to accompany peti- 
tion, for hearing to determine competency 
of alleged incompetent). 



28 Am. Jur. Proof of Facts, Confinement 
to Mental Institution, Proof No. 18 (proof 
of malice in attempt to have person com- 
mitted). 



§ 41-21-67. Person to be taken into custody; appointment of 
examining physicians, or physician and psychologist, nurse 
practitioner or physician assistant; appointment of attor- 
ney; emergency patient status. 

(1) Whenever the affidavit provided for in Section 41-21-65 is filed with 
the chancery clerk, the clerk, upon direction of the chancellor of the court, shall 
issue a writ directed to the sheriff of the proper county to take into his or her 
custody the person alleged to be in need of treatment and to bring the person 



284 



Mentally III Persons, Etc. § 41-21-67 

before the clerk or chancellor, who shall order pre-evaluation screening and 
treatment by the appropriate community mental health center established 
under Section 41-19-31 and for examination as set forth in Section 41-21-69. 
However, when the affidavit fails to set forth factual allegations and witnesses 
sufficient to support the need for treatment, the chancellor shall refuse to 
direct issuance of the writ. Reapplication may be made to the chancellor. If a 
pauper's affidavit is filed by a guardian for commitment of the ward of the 
guardian, the court shall determine if the ward is a pauper and if the ward is 
determined to be a pauper, the county of the residence of the respondent shall 
bear the costs of commitment, unless funds for those purposes are made 
available by the state. 

(2) Upon issuance of the writ, the chancellor shall immediately appoint 
and summon two (2) reputable, licensed physicians or one (1) reputable, 
licensed physician and either one (1) psychologist, nurse practitioner or 
physician assistant to conduct a physical and mental examination of the 
person at a place to be designated by the clerk or chancellor and to report their 
findings to the clerk or chancellor. Provided, however, that any nurse practi- 
tioner or physician assistant conducting the examination shall be independent 
from, and not under the supervision of, the other physician conducting the 
examination. In all counties in which there is a county health officer, the 
county health officer, if available, may be one (1) of the physicians so appointed. 
Neither of the physicians nor the psychologist, nurse practitioner or physician 
assistant selected shall be related to that person in any way, nor have any 
direct or indirect interest in the estate of that person nor shall any full-time 
staff of residential treatment facilities operated directly by the Department of 
Mental Health serve as examiner. 

(3) The clerk shall ascertain whether the respondent is represented by an 
attorney, and if it is determined that respondent does not have an attorney, the 
clerk shall immediately notify the chancellor of that fact. If the chancellor 
determines that respondent for any reason does not have the services of an 
attorney, the chancellor shall immediately appoint an attorney for the respon- 
dent at the time the examiners are appointed. 

(4) If the chancellor determines that there is probable cause to believe 
that the respondent is mentally ill and that there is no reasonable alternative 
to detention, the chancellor may order that the respondent be retained as an 
emergency patient at any available regional mental health facility or any other 
available suitable location as the court may so designate pending an admission 
hearing and may, if necessary, order a peace officer or other person to transport 
the respondent to that mental health facility or suitable location. Any respon- 
dent so retained may be given such treatment by a licensed physician as is 
indicated by standard medical practice. However, the respondent shall not be 
held in a hospital operated directly by the Department of Mental Health, and 
shall not be held in jail unless the court finds that there is no reasonable 
alternative. 

(5) Whenever a licensed physician or psychologist certified to complete 
examinations for the purpose of commitment has reason to believe that a 

285 



§ 41-21-67 Public Health 

person poses an immediate substantial likelihood of physical harm to himself 
or others or is gravely disabled and unable to care for himself by virtue of 
mental illness, as denned in Section 41-21-61(e), then the physician or 
psychologist may hold the person or the physician may admit the person to and 
treat the person in a licensed medical facility, without a civil order or warrant 
for a period not to exceed seventy- two (72) hours or the end of the next business 
day of the chancery clerk's office. The person may be held and treated as an 
emergency patient at any licensed medical facility, available regional mental 
health facility, or crisis intervention center. The physician or psychologist who 
holds the person shall certify in writing the reasons for the need for holding. 
Any respondent so held may be given such treatment by a licensed physician 
as indicated by standard medical practice. Persons acting in good faith in 
connection with the detention of a person believed to be mentally ill shall incur 
no liability, civil or criminal, for those acts. 

SOURCES: Laws, 1975, ch. 492, § 3(2, 3); Laws, 1984, ch. 477, § 4; Laws, 1985, ch. 
454, § 2; Laws, 1994, ch. 533, § 3; Laws, 1994, ch. 599, § 3; Laws, 2000, ch. 
493, § 1; Laws, 2008, ch. 513, § 1, eff from and after July 1, 2008. 

Amendment Notes — The 2008 amendment rewrote (2); and made minor stylistic 
changes throughout. 

Cross References — Report of and certificate of physician's or psychologist's initial 
examination in involuntary commitment proceedings, see § 41-21-69. 

Right of a person to have an attorney present during a physical examination, see 
§ 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 

1. In general. 2. Construction with other law. 

2. Construction with other law. Summary judgment was properly 

granted on a patient's negligence per se 

1. In general. claim against her two stepsons because, 

Authorization of temporary detention of while the patient argued that a pauper's 

individual in jail upon finding of probable affidavit had to be filed by a guardian, 

cause to believe person is mentally ill, as which neither stepson was, she cited no 

provided for in § 41-21-67, does not un- statutes or case law forbidding non-guard- 

constitutionally violate restrained indi- ians to file pauper's affidavits; Miss. Code 

vidual's due process rights because state Ann. § 41-21-65 permitted any relative or 

has compelling interest in seeking deten- any interested person to and file an affi- 

tion. Boston v. Lafayette County, 743 F. davit regarding a person alleged to be in 

Supp. 462 (N.D. Miss. 1990). ■ need of treatment. Miss. Code Ann. § 41- 

In a proceeding to obtain examination of 21-67(1), which governed proceedings af- 

one alleged to be suffering from a mental ter an affidavit was filed, instructed trial 

disorder, this section [Code 1942, judges, and whatever implication arose 

§ 6909-04] and Code 1942, §§ 6909-05 to from it regarding private conduct was 

6909-08 cited, incidentally. Wactor v. insubstantial; thus, there is no basis on 

Wactor, 245 Miss. 132, 146 So. 2d 540 which to find that either statute created a 

(1962). duty upon which to base a negligence per 

286 



Mentally III Persons, Etc. 



41-21-69 



se claim. Tebo v. 
Cir. 2008). 



Tebo, 550 F.3d 492 (5th 



ATTORNEY GENERAL OPINIONS 



If Chancellor determines that there is 
probable cause to believe that particular 
person is mentally ill and there is no 
reasonable alternative to detention, then 
Chancellor may order that this person be 
retained "as emergency patient at any 
available regional mental health facility 
or any other available suitable location as 
court may so designate"; such person shall 
not be held in hospital operated directly 
by Department of Mental Health and 
"shall not be held in jail unless court finds 
that there is no reasonable alternative." 
Crumpton, July 2, 1992, A.G. Op. #92- 
0484. 

Under Section 41-21-67(4), a mentally 
ill person awaiting a competency hearing 
or awaiting admission to a mental institu- 
tion should not be held in a jail unless the 
court determines that there is no reason- 
able alternative. Glennis, July 7, 1995, 
AG. Op. #95-0463. 

An osteopath qualifies as a "licensed 
physician" for the purposes of this section 
and § 41-21-69. Chamberlin, Feb. 17, 
2004, AG. Op. 04-0044. 

Section 41-21-65 permits family mem- 
bers of a person in need of treatment to 
file the required affidavit in the chancery 



court of the county of residence of that 
person. If the person in need of treatment 
is in the custody of the sheriff in another 
county, pursuant to this section the chan- 
cery court judge of the county of residence 
of such person has the authority to have 
the clerk issue a writ to the sheriff of the 
county where such person is in custody to 
have the person transported to the clerk 
or chancellor of the person's county of 
residence. Alternatively, this section also 
authorizes the writ to be directed to the 
sheriff of the county of residence of the 
person in need of treatment. If the writ is 
directed to the sheriff of a foreign county, 
then the sheriff may recover the costs of 
transportation from the county of resi- 
dence of the person in need of treatment 
as provided in § 41-21-79. Morrow, Nov. 5, 
2004, AG. Op. 04-0540. 

A regional mental health facility may 
hold individuals for either 72 hours or 
until the end of the next business day of 
the chancery clerk's office, in the discre- 
tion of the treating physician or psycholo- 
gist, without exposure to wrongful deten- 
tion or the like if the longer interpretation 
is used. Terney, July 29, 2005, A.G. Op. 
05-0362. 



RESEARCH REFERENCES 



Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 4 et seq. 

14 Am. Jur. PI & Pr Forms (Rev), Incom- 
petent Persons, Forms 81 et seq. (appoint- 
ment of examiners and summoning of 
jurors). 



14 Am. Jur. PI & Pr Forms (Rev), Incom- 
petent Persons, Forms 43-47 (warrant or 
writ — for apprehension or detention). 



41-21-69. Examination by physicians or physician and psy- 
chologist, nurse practitioner or physician assistant; pres- 
ence of attorney. 

(l)(a) The physicians or physician and psychologist, nurse practitioner or 
physician assistant so appointed shall immediately make a full inquiry into 
the condition of the person alleged to be in need of treatment and shall make 
a mental examination and physical evaluation of the person, and shall make 
a report and certificate of their findings of all mental and acute physical 



287 



§ 41-21-69 Public Health 

problems to the clerk of the court. The report and certificate shall set forth 
the facts as found by the physicians or physician and psychologist, nurse 
practitioner or physician assistant and shall state whether or not the 
examiner is of the opinion that the proposed patient is suffering a disability 
denned in Sections 41-21-61 through 41-21-107 and should be committed to 
a treatment facility. The statement shall include the reasons for that 
opinion. The examination may be based upon a history provided by the 
patient and the report and certificate of findings shall include an identifica- 
tion of all mental and physical problems identified by the examination. 

(b) If the physicians or the physician and psychologist, nurse practi- 
tioner or physician assistant so appointed finds: (i) the respondent is 
mentally ill; (ii) the respondent is capable of surviving safely in the 
community with available supervision from family, friends or others; (hi) 
based on the respondent's treatment history and other applicable medical or 
psychiatric indicia, the respondent is in need of treatment in order to 
prevent further disability or deterioration that would result in significant 
deterioration in the ability to carry out activities of daily living; and (iv) his 
or her current mental status or the nature of his or her illness limits or 
negates his or her ability to make an informed decision to seek voluntarily or 
comply with recommended treatment; the physicians or the physician and 
psychologist, nurse practitioner or physician assistant so appointed shall so 
show on the examination report and certification and shall recommend 
outpatient commitment. The examining physicians or the physician and 
psychologist, nurse practitioner or physician assistant shall also show the 
name, address and telephone number at the proposed outpatient treatment 
physician or facility. 

(2) The examinations shall be conducted and concluded within forty-eight 
(48) hours after the order for examination and appointment of attorney, and 
the certificates of the physicians or the physician and psychologist, nurse 
practitioner or physician assistant shall be filed with the clerk of the court 
within that time, unless the running of that period extends into nonbusiness 
hours, in which event the certificate shall be filed at the beginning of the next 
business day. However, if the examining physicians or the physician and 
psychologist, nurse practitioner or physician assistant is of the opinion that 
additional time to complete the examination is necessary, and this fact is 
communicated to the chancery clerk or chancellor, the clerk or chancellor shall 
have authority to extend the time for completion of the examination and the 
filing of the certificate, the extension to be not more than eight (8) hours. 

(3) At the beginning of the examination, the respondent shall be told in 
plain language of the purpose of the examination, the possible consequences of 
the examination, of his or her right to refuse to answer any questions, and his 
or her right to have his or her attorney present. 

SOURCES: Laws, 1975, ch. 492, § 3(4, 5); Laws, 1984, ch. 477, § 5; Laws, 1985, ch. 
454, § 3; Laws, 1994, ch. 533, § 4; Laws, 1994, ch. 599, § 4; Laws, 2008, ch. 
513, § 2, eff from and after July 1, 2008. 

288 



Mentally III Persons, Etc. § 41-21-71 

Amendment Notes — The 2008 amendment rewrote the section to provide that the 
examination by physicians or physician and psychologist, nurse practitioner or physi- 
cian assistant must be concluded within 48 hours after the court order for examination. 

Cross References — Provisions relative to taking person into custody, appointment 
of examining physicians, appointment of attorney, and emergency patient status, see 
§ 41-21-67. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. Rule Civil 
Proc. 81. 

JUDICIAL DECISIONS 

1. In general. due process requirements for purposes of 
State statutory scheme permitting tern- summary judgment motion in federal civil 
porary detention of mentally ill person in rights action by executor of estate of men- 
jail followed by physical and psychological tally ill person who died while in jail 
examination within 24 hours of issuance awaiting examination. Boston v. Lafayette 
of writ to take custody, and placing duty County, 743 F. Supp. 462 (N.D. Miss, 
on sheriff to keep safe prisoners entrusted 1990). 
to his care, adequately meet procedural 

ATTORNEY GENERAL OPINIONS 

An osteopath qualifies as a "licensed and this section. Chamberlin, Feb. 17, 
physician" for the purposes of § 41-21-67 2004, A.G. Op. 04-0044. 

RESEARCH REFERENCES 

Am Jur. 14 Am. Jur. PI & Pr Forms 114, 124, 126, 131 (oaths, certificates, spe- 
(Rev), Incompetent Persons, Forms 111- cial issues — for jury — sanity hearing). 

§ 41-21-71. Procedure after examination; release or confine- 
ment pending hearing. 

If, as a result of the examination, the examiners certify that the person is 
not in need of treatment, the chancellor or clerk shall dismiss the affidavit. If 
the chancellor or chancery clerk finds, based upon the physicians' or the 
physician's and psychologist's, nurse practitioner's or physician assistant's 
certificate and any other relevant evidence, that the respondent is in need of 
treatment and that certificate is filed with the chancery clerk within forty- 
eight (48) hours after the order for examination, or extension of that time as 
provided in Section 41-21-69, the clerk shall immediately set the matter for a 
hearing. The hearing shall be set within seven (7) days of the filing of the 
certificate unless an extension is requested by the respondent's attorney. In no 
event shall the hearing be more than ten (10) days after the filing of the 
certificate. 

SOURCES: Laws, 1975, ch. 492, § 3(6, 7); Laws, 1976, ch. 401, § 4; Laws, 1984, ch. 
477, § 6; Laws, 2008, ch. 513, § 3, eff from and after July 1, 2008. 



289 



§ 41-21-73 Public Health 

Amendment Notes — The 2008 amendment rewrote the second sentence; and made 
minor stylistic changes. 

Cross References — Guardianship for mentally ill veterans, see §§ 35-5-1 et seq. 

Emergency treatment formerly provided for in this section, see § 41-21-67. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Length of initial involuntary commitment of mentally ill or retarded persons, see 
§ 41-21-73. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Guardianship of insane persons generally, see §§ 93-13-121 et seq. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 14 Am. Jur. PI & Pr Forms (Rev), Incom- 

paired Persons §§ 4 et seq. petent Persons, Forms 41-47 (warrant or 

14 Am. Jur. PI & Pr Forms (Rev), Incom- writ — for apprehension or detention), 
petent Persons, Forms 221 et seq. (re- 
lease, discharge, or recommitment of in- 
competent). 

§ 41-21-73. Procedures for hearing; evidence; witnesses; com- 
mitment; disposition and findings. 

(1) The hearing shall be conducted before the chancellor. Within a 
reasonable period of time before the hearing, notice of same shall be provided 
the respondent and his attorney, which shall include: (a) notice of the date, 
time and place of the hearing; (b) a clear statement of the purpose of the 
hearing; (c) the possible consequences or outcome of the hearing; (d) the facts 
that have been alleged in support of the need for commitment; (e) the names, 
addresses and telephone numbers of the examiner(s); and (f) other witnesses 
expected to testify. 

(2) The respondent must be present at the hearing unless the chancellor 
determines that the respondent is unable to attend and makes that determi- 
nation and the reasons therefor part of the record. At the time of the hearing 
the respondent shall not be so under the influence or suffering from the effects 
of drugs, medication or other treatment so as to be hampered in participating 
in the proceedings. The court, at the time of the hearing, shall be presented a 
record of all drugs, medication or other treatment that the respondent has 
received pending the hearing, unless the court determines that such a record 
would be impractical and documents the reasons for that determination. 

(3) The respondent shall have the right to offer evidence, to be confronted 
with the witnesses against him and to cross-examine them and shall have the 
privilege against self-incrimination. The rules of evidence applicable in other 
judicial proceedings in this state shall be followed. 

(4) If the court finds by clear and convincing evidence that the proposed 
patient is a mentally ill or mentally retarded person and, if after careful 
consideration of reasonable alternative dispositions, including, but not limited 
to, dismissal of the proceedings, the court finds that there is no suitable 

290 



Mentally III Persons, Etc. § 41-21-73 

alternative to judicial commitment, the court shall commit the patient for 
treatment in the least restrictive treatment facility that can meet the patient's 
treatment needs. Treatment prior to admission to a state-operated facility 
shall be located as closely as possible to the patient's county of residence and 
the county of residence shall be responsible for that cost. Admissions to 
state-operated facilities shall be in compliance with the catchment areas 
established by the Department of Mental Health. A nonresident of the state 
may be committed for treatment or confinement in the county where such 
person was found. 

Alternatives to commitment to inpatient care may include, but shall not be 
limited to: voluntary or court-ordered outpatient commitment for treatment 
with specific reference to a treatment regimen, day treatment in a hospital, 
night treatment in a hospital, placement in the custody of a friend or relative 
or the provision of home health services. 

For persons committed as mentally ill or mentally retarded, the initial 
commitment shall not exceed three (3) months. 

(5) No person shall be committed to a treatment facility whose primary 
problems are the physical disabilities associated with old age or birth defects 
of infancy. 

(6) The court shall state the findings of fact and conclusions of law that 
constitute the basis for the order of commitment. The findings shall include a 
listing of less restrictive alternatives considered by the court and the reasons 
that each was found not suitable. 

(7) A stenographic transcription shall be recorded by a stenographer or 
electronic recording device and retained by the court. 

(8) Notwithstanding any other provision of law to the contrary, neither 
the Board of Mental Health or its members, nor the Department of Mental 
Health or its related facilities, nor any employee of the Department of Mental 
Health or its related facilities, unless related to the respondent by blood or 
marriage, shall be assigned or adjudicated custody, guardianship, or conser- 
vatorship of the respondent. 

(9) The county where a person in need of treatment is found is authorized 
to charge the county of such person's residence for the costs incurred while 
such person is confined in the county where such person was found. 

SOURCES: Laws, 1975, ch. 492, § 4(1); Laws, 1976, ch. 401, § 5; Laws, 1984, ch. 
477, § 7; Laws, 1985, ch. 454, § 7; Laws, 1990, ch. 365, § 1; Laws, 1994, ch. 
533, § 5; Laws, 1994, ch. 599, § 5; Laws, 2001, ch. 331, § 1; Laws, 2004, ch. 
565, § 2, eff from and after July 1, 2004. 

Cross References — Appointment of an attorney, provision for which formerly 
appeared in this section, see § 41-21-67. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Patient's right to program of care and treatment designed to render further custody 
or institutionalization unnecessary, see § 41-21-102. 

291 



§ 41-21-74 



Public Health 



Hearing on petition of voluntary admittee to Mississippi State Hospital at Whitfield 
to leave facility, see § 41-21-103. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 



1. In general. 

In a habeas corpus proceeding by one 
charged with murder and confined to the 
Mississippi State Hospital after having 
been found incompetent to stand trial, the 
petitioner was not denied due process of 
law where the burden of proof was placed 
upon him to prove that he had recovered 
his sanity and was no longer likely to 



cause harm to himself or others and 
where the state presented expert testi- 
mony that the petitioner was a paranoid 
schizophrenic, then in tenuous remission, 
and that he would pose a danger to him- 
self or others if released from the hospital. 
Bethany v. Stubbs, 393 So. 2d 1351 (Miss. 
1981). 



ATTORNEY GENERAL OPINIONS 



From and after July 1, 2004 the county 
of residence of the person committed is 
responsible for treatment costs incurred 
prior to admission to a state-operated fa- 
cility. Speed, Dec. 10, 2004, A.G. Op. 04- 
0591. 

Chancellors do not have the authority to 
order a county hospital to provide beds to 



temporarily hold mentally ill patients 
while they are awaiting transfer to the 
Mississippi State Hospital, nor do they 
have the authority to order that a county 
hospital provide this service free of charge 
to the county or the patient. Wilson, Aug. 
26, 2005, A.G. Op. 05-0332. 



RESEARCH REFERENCES 



ALR. Modern status of rules as to stan- 
dard of proof required in civil commitment 
proceedings. 97 A.L.R.3d 780. 

Governmental tort liability for injuries 
caused by negligently released individual. 
6 A.L.R.4th 1155. 

Liability of governmental officer or en- 
tity for failure to warn or notify of release 
of potentially dangerous individual from 
custody. 12 A.L.R.4th 722. 

Adequacy of defense counsel's represen- 
tation of criminal client regarding incom- 
petency, insanity, and related issues. 17 
A.L.R.4th 575. 

Adequacy of defense counsel's represen- 



tation of criminal client — issues of incom- 
petency. 70 A.L.R.5th 1. 

Adequacy of defense counsel's represen- 
tation of criminal client — pretrial con- 
duct or conduct at unspecified time re- 
garding issues of insanity. 72 A.L.R.5th 
109. 

Validity, construction, application, and 
effect of Civil Rights of Institutionalized 
Persons Act, 42 USCS §§ 1997-1997J. 93 
A.L.R. Fed. 706. 

Am Jur. 14 Am. Jur. PI & Pr Forms 
(Rev), Incompetent Persons, Forms 61 et 
seq. (notice of hearing). 



§ 41-21-74. Requirements for outpatient commitments. 

(1) If the commitment order directs outpatient treatment, the outpatient 
treatment physician may prescribe or administer to the respondent treatment 
consistent with accepted medical standards. 

(2) If the respondent fails or clearly refuses to comply with outpatient 
treatment, the director of the treatment facility, his designee or an interested 
person shall make all reasonable efforts to solicit the respondent's compliance. 



292 



Mentally III Persons, Etc. § 41-21-76 

These efforts shall be documented and, if the respondent fails or clearly refuses 
to comply with outpatient treatment after such efforts are made, such efforts 
shall be documented with the court by affidavit. Upon the filing of the affidavit, 
the sheriff of the proper county is authorized to take the respondent into his 
custody. 

(3) The respondent may be returned to the treatment facility as soon 
thereafter as facilities are available. The respondent may request a hearing 
within ten (10) days of his return to the treatment facility. Such hearing shall 
be held pursuant to the requirements set forth in Section 41-21-81. 

(4) The chancery court of the county where the public facility is located or 
the committing court shall have jurisdiction over matters concerning outpa- 
tient commitments when such an order is sought subsequent to an inpatient 
course of treatment pursuant to Sections 41-21-61 through 41-21-107, 43-21- 
611, 99-13-7 and 99-13-9. An outpatient shall not have or be charged for a 
recommitment process within a period of twelve (12) months of the initial 
outpatient order. 

SOURCES: Laws, 1994, ch. 533, § 6; Laws, 1994, ch. 599, § 6, eff from and after 
July 1, 1994. 

Editor's Note — Laws of 1994, chs. 533, § 6, and 599, § 6, both added this section, 
but chapter 599 contained an additional last sentence, which is included above. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 4 et seq. 

§ 41-21-75. Repealed. 

Repealed by Laws, 1984, ch. 477, § 28, eff from and after July 1, 1984. 
[Laws, 1975, ch. 492, § 4(2-6)] 

Editor's Note — Former § 41-21-75 provided for hearings before chancellor with 
respect to the discharge or admission to state hospital. Provisions similar to the ones 
contained in former section 41-21-75 now appear in section 41-21-73. 

§ 41-21-76. Waiver of rights by respondent. 

The respondent in any involuntary commitment proceeding held pursuant 
to the provisions of sections 41-21-61 through 41-21-107 may make a knowing 
and intelligent waiver of his rights in such proceeding, provided that the 
waiver is made by his attorney with the informed consent of the respondent 
and with the approval of the court. The reasons for the waiver shall be made 
a part of the record. 

SOURCES: Laws, 1976, ch. 401, § 1; Laws, 1984, ch. 477, § 8, eff from and after 
July 1, 1984. 

293 



§ 41-21-77 Public Health 

Cross References — Report of and certificate of physician's or psychologist's initial 
examination in involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- tionalized Persons Act, 42 USCS §§ 1997- 
tion, and effect of Civil Rights of Institu- 1997j. 93 A.L.R. Fed. 706. 

§ 41-21-77. Commitment to state hospital or Veterans Admin- 
istration facility. 

If admission is ordered at a treatment facility, the sheriff, his or her deputy 
or any other person appointed or authorized by the court shall immediately 
deliver the respondent to the director of the appropriate facility. Neither the 
Board of Mental Health or its members, nor the Department of Mental Health 
or its related facilities, nor any employee of the Department of Mental Health 
or its related facilities, shall be appointed, authorized or ordered to deliver the 
respondent for treatment, and no person shall be so delivered or admitted until 
the director of the admitting institution determines that facilities and services 
are available. Persons who have been ordered committed and are awaiting 
admission may be given any such treatment in the facility by a licensed 
physician as is indicated by standard medical practice. Any county facility used 
for providing housing, maintenance and medical treatment for involuntarily 
committed persons pending their transportation and admission to a state 
treatment facility shall be certified by the State Department of Mental Health 
pursuant to the provisions of Section 41-4-7(gg). No person shall be delivered 
or admitted to any non-Department of Mental Health treatment facility unless 
the treatment facility is licensed and/or certified to provide the appropriate 
level of psychiatric care for the mentally ill. It is the intent of this Legislature 
that county-owned hospitals work with regional community mental health/ 
mental retardation centers in providing care to local patients. The clerk shall 
provide the director of the admitting institution with a certified copy of the 
court order, a certified copy of the physicians' or the physician's and psycholo- 
gist's, nurse practitioner's or physician assistant's certificate, a certified copy of 
the affidavit, and any other information available concerning the physical and 
mental condition of the respondent. Upon notification from the United States 
Veterans Administration or other agency of the United States government, 
that facilities are available and the respondent is eligible for care and 
treatment in those facilities, the court may enter an order for delivery of the 
respondent to or retention by the Veterans Administration or other agency of 
the United States government, and, in those cases the chief officer to whom the 
respondent is so delivered or by whom he is retained shall, with respect to the 
respondent, be vested with the same powers as the director of the Mississippi 
State Hospital at Whitfield, or the East Mississippi State Hospital at Merid- 
ian, with respect to retention and discharge of the respondent. 

294 



Mentally III Persons, Etc. 



§ 41-21-77 



SOURCES: Laws, 1975, ch. 492, § 4(7); Laws, 1984, ch. 477, § 9; Laws, 1994, ch. 
533, § 7; Laws, 1994, ch. 599, § 7; Laws, 2001, ch. 331, § 2; Laws, 2004, ch. 
547, § 1; Laws, 2008, ch. 513, § 4; Laws, 2009, ch. 543, § 2, eff from and after 
July 1, 2009. 

Amendment Notes — The 2008 amendment rewrote and divided the former sixth 
sentence into the present sixth and seventh sentences; and made minor stylistic 
changes. 

The 2009 amendment added the fourth sentence. 

Cross References — Care of veterans in state mental institutions, see § 41-17-11. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 



1. In general. 

This section does not violate Article 4, 
§ 86 of the Mississippi Constitution by 
conditioning the admission of a patient for 
court-ordered mental treatment on the 
determination by the admitting institu- 
tion's director that facilities and services 
are available; however, this section re- 
quires the director of the admitting facil- 
ity to assume the responsibility of provid- 
ing treatment, care, and housing for 
mentally ill minors even if they are not 
immediately admitted to the facility as 
soon as they are committed by the lower 
court. Attorney Gen. v. B.C.M., 744 So. 2d 
299 (Miss. 1999). 

It was error for court to declare uncon- 
stitutional statute which provides that no 
person shall be admitted to the State 
Hospital where the issue before it, 



whether director of State Hospital should 
be held in contempt for not admitting 
person pursuant to commitment order, 
could have been resolved without reach- 
ing the constitutional issue as the director 
testified that the State Hospital was pre- 
pared to take the patient at that time. 
State v. Watkins, 676 So. 2d 247 (Miss. 
1996). 

Notice of show cause hearing at which 
court intended to inquire as to why pa- 
tient had not been admitted to State Hos- 
pital was not adequate notice to attorney 
general that court intended to consider 
constitutionality of statute which provides 
that no person shall be admitted to the 
State Hospital until the director deter- 
mines if facilities and services are avail- 
able. State v. Watkins, 676 So. 2d 247 
(Miss. 1996). 



ATTORNEY GENERAL OPINIONS 



Once a court has ordered an individual 
placed in the custody of a state treatment 
facility, that person becomes the state's 
"burden," which includes the cost of his 
housing, care, and treatment. Chamber- 
lin, Jan. 23, 2002, A.G. Op. #01-0722. 

The burden and responsibility of deter- 
mining the best interests and treatment of 
a minor is placed on the entity to which 
the minor is committed. Providing appro- 
priate care and treatment for a minor who 
is committed by a court to a treatment 
facility is the responsibility of the director 



of that facility Tillman, Nov. 7, 2003, A.G. 
Op. 03-0542. 

This section requires the director of the 
admitting facility to assume the responsi- 
bility of providing treatment and care for 
all mentally ill patients, whether minors 
or adults, who are not immediately admit- 
ted to the facility as soon as they are 
committed. Creekmore, Apr. 16, 2004, 
A.G. Op. 03-0614. 

Chancellors do not have the authority to 
order a county hospital to provide beds to 
temporarily hold mentally ill patients 



295 



§ 41-21-79 Public Health 

while they are awaiting transfer to the hospital provide this service free of charge 
Mississippi State Hospital, nor do they to the county or the patient. Wilson, Aug. 
have the authority to order that a county 26, 2005, A.G. Op. 05-0332. 

RESEARCH REFERENCES 

ALR. Propriety of transferring patient Am Jur. 53 Am. Jur. 2d, Mentally Im- 
found not guilty by reason of insanity to paired Persons §§ 4 et seq. 
less restrictive confinement. 43 A.L.R.5th 

777. 

§ 41-21-79. Payment of costs. 

The costs incidental to the court proceedings, including but not limited to 
court costs, prehearing hospitalization costs, cost of transportation, reasonable 
physician's or psychologist's fees set by the court, and reasonable attorney's fees 
set by the court, shall be paid out of the funds of the county of residence of the 
respondent in those instances where the patient is indigent unless funds for 
those purposes are made available by the state. However, if the respondent is not 
indigent, those costs shall be taxed against the respondent or his or her estate. If 
the respondent is found by the court to not be in need of mental treatment, then 
all those costs shall be taxed to the affiant initiating the hearing. 

SOURCES: Laws, 1975, ch. 492, § 4(8); Laws, 1994, ch. 533, § 8; Laws, 1994, ch. 
599, § 8; Laws, 2008, ch. 513, § 5, eff from and after July 1, 2008. 

Amendment Notes — The 2008 amendment substituted "physician's or psycholo- 
gist's fees" for "physician's and psychologist's fees"; inserted "or her"; and made minor 
stylistic changes. 

Cross References — Report of and certificate of physician's or psychologist's initial 
examination in involuntary commitment proceedings, see § 41-21-69. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

ATTORNEY GENERAL OPINIONS 

The statute places the responsibility for services that a court clerk would perform 

the expenses of medication administered with regard to any petition or complaint 

to a person housed in a county detention before the court, but would not include 

center to await admission to a mental administrative services which seem to be 

institution upon the county in which the more like services that would be per- 

detained person usually resides, formed by a social worker, such as consul- 

Entrekin, September 4, 1998, A.G. Op. tations with family or friends, scheduling 

#98-0561. physicians, providing insurance informa- 

Medication expenses for a person tion to hospitals, and making arrange- 

housed in a county detention center to ments for prescreening and follow-ups, 

await admission to a mental institution etc.; if the chancery court clerk performs 

may be submitted to the Chancery Court such additional administrative services, 

to be assessed as costs in the sanity pro- the court may allow a reasonable fee over 

ceedings of a non-indigent person under and above the clerk's statutory filing fee. 

the statute. Entrekin, September 4, 1998, Britt, November 25, 1998, A.G. Op. #98- 

A.G. Op. #98-0561. 0689. 

The $75 fee received by chancery clerks Pursuant to this section, the cost of 

in lunacy cases covers all of the normal transportation of a mental patient should 

296 



Mentally III Persons, Etc. § 41-21-81 

paid out of county funds and the respon- or chancellor of the person's county of 

sibility of the county of the patient's resi- residence. Alternatively, § 41-21-67 also 

dence; however, other costs of transporta- authorizes the writ to be directed to the 

tion as identified in § 41-21-83 should be sheriff of the county of residence of the 

the responsibility of the State Board of person in need of treatment. If the writ is 

Mental Health. Smith, Mar. 18, 2003, A.G. directed to the sheriff of a foreign county, 

Op. #02-0219. then the sheriff may recover the costs of 

Section 41-21-65 permits family mem- transportation from the county of resi- 

bers of a person in need of treatment to dence of the person in need of treatment 

file the required affidavit in the chancery ag ided in this section> Mo Nov> 

court of the county of residence of that A G Q 04 . 540. 

person. If the person in need ol treatment ' \, . A , r , r 

is in the custody of the sheriff in another ^o authority can be found for a munic- 

county, pursuant to § 41-21-67 the chan- ^^ to voluntarily pay the costs to ini- 

cery court judge of the county of residence tiate civil commitment proceedings on be- 

of such person has the authority to have half of a prisoner which are the statutory 

the clerk issue a writ to the sheriff of the responsibility of the individual or county 

county where such person is in custody to of residence. Blakley, Aug. 25, 2006, A.G. 

have the person transported to the clerk Op- 06-0383. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 120 et seq. 

§ 41-21-81. Twenty days' observation, diagnosis and treat- 
ment; notice of need for further treatment; right to hearing 
on need for further treatment. 

If at any time within twenty (20) days after admission of a patient to a 
treatment facility the director determines that the patient is in need of 
continued hospitalization, he shall give written notice of his findings, together 
with his reasons for such findings, to the respondent, the patient's attorney, the 
clerk of the admitting court and the two (2) nearest relatives or guardian of the 
patient, if the addresses of such relatives or guardian are known. The patient, 
or any aggrieved relative or friend or guardian shall have sixty (60) days from 
the date of such notice to request a hearing on the question of the patient's 
commitment for further treatment. The patient, or any aggrieved relative or 
guardian or friend, may request a hearing by filing a written notice of request 
within such sixty (60) days with the clerk of the county within which the 
facility is located; provided, however, that the patient may request such a 
hearing in writing to any member of the professional staff, which shall be 
forwarded to the director and promptly filed with the clerk of the county within 
which the facility is located and provided further that if the patient is confined 
at the Mississippi State Hospital, Whitfield, Mississippi, said notice of request 
shall be filed with the Chancery Clerk of the First Judicial District of Hinds 
County, Mississippi. A copy of the notice of request must be filed by the patient 
or on his behalf with the director and the chancery clerk of the admitting court. 
The notice of the need for continued hospitalization shall be explained to the 
patient by a member of the professional staff and the explanation documented 
in the clinical record. At the same time the patient shall be advised of his right 

297 



§ 41-21-81 Public Health 

to request a hearing and of his right to consult a lawyer prior to deciding 
whether to request the hearing, and the fact that the patient has been so 
advised shall be documented in the clinical record. Hearings held pursuant to 
this section shall be held in the chancery court of the county where the facility 
is located; provided, however, that if the patient is confined at the Mississippi 
State Hospital at Whitfield, Mississippi, the hearing shall be conducted by the 
Chancery Court of the First Judicial District of Hinds County, Mississippi. 

SOURCES: Law, 1975, ch. 492, § 5(1); Laws, 1984, ch. 477, § 10; Laws, 2001, ch. 
331, § 3, eff from and after July 1, 2001. 

Cross References — Report of and certificate of physician's or psychologist's initial 
examination in involuntary commitment proceeding, see § 41-21-69. 

Hearing procedures, generally, see § 41-21-73. 

Requirements for outpatient commitments, see § 41-21-74. 

Record statement of reasons for respondent's waiver of rights at involuntary 
commitment hearing, see § 41-21-76. 

Provisions for impartial evaluation of the patient prior to termination of the initial 
commitment order and court review of such evaluation, including provision that such 
evaluation shall not preclude a hearing request under this section, see § 41-21-82. 

Necessity of a hearing prior to determination of a need for continued commitment, see 
§ 41-21-83. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Patient's right to program of care and treatment designed to render further custody 
or institutionalization unnecessary, see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 

1. In general. adjudicated lunatic, it appearing that he 

When chancery court commits party to was not given a certificate of sanity upon 

insane hospital, it does not pass upon his discharge, was held insufficient to require 

right to discharge; that being question for new trial, where counsel, because of 

hospital authorities. Hoye v. State, 169 knowledge of juror's mental trouble, was 

Miss. Ill, 152 So. 644 (1934). deemed to have waived such juror's lack of 

Showing on motion for new trial on mental capacity. Ervin v. State, 168 Miss, 

ground one of jurors had formerly been 145, 151 So. 177 (1933). 

ATTORNEY GENERAL OPINIONS 

There is no specific procedure outlined in Sections 41-21-81 and 41-21-99 and 
in Sections 41-21-61, et seq. regarding burden to obtain order would be upon 
court orders to require committed patient treatment facility, and not on local author- 
to take medication; such a proceeding ities in originating jurisdiction. Zachary, 
would be similar to procedures delineated March 2, 1994, A.G. Op. #94-0068. 

RESEARCH REFERENCES 

ALR. Validity, construction, applica- tionalized Persons Act, 42 USCS §§ 1997- 
tion, and effect of Civil Rights of Institu- 1997j. 93 A.L.R. Fed. 706. 



298 



Mentally III Persons, Etc. § 41-21-83 

§ 41-21-82. Report prior to termination of initial commitment 
or discharge. 

Prior to the termination of the initial commitment order, the director of the 
facility shall cause an impartial evaluation of the patient to be made in order 
to assess the extent to which the grounds for initial commitment persist, the 
patient continues to be mentally ill, and alternatives to involuntary commit- 
ment are available. If the results of this impartial evaluation do not support 
the need for continued commitment, the patient shall be discharged. 

The director shall file a written report with the committing court setting 
forth in detail the results of this evaluation and other facts indicating that the 
patient satisfies the statutory requirement for continued commitment and the 
findings of the examiner to support this conclusion. If, after reviewing the 
director's report, the court finds that the patient continues to be mentally ill 
and that there is no alternative to involuntary commitment, the commitment 
may be continued. 

Nothing in this section shall preclude the patient, his counsel or another 
person acting in his behalf from requesting a hearing under Section 41-21-81 
or 41-21-99. 

SOURCES: Laws, 1984, ch. 477, § 11; Laws, 1985, ch. 454, § 4, eff from and after 
July 1, 1985. 

Cross References — Report of and certificate of physicians' or physician's and 
psychologist's, nurse practitioner's or physician assistant's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Patient's right to program of care and treatment designed to render further custody 
or institutionalization unnecessary, see § 41-21-102. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

ATTORNEY GENERAL OPINIONS 

Patients who have been judicially com- regard to a patient who is committed to 

mitted to East Mississippi State Hospital, East Mississippi State Hospital, or any 

who are receiving treatment in a local other state institution, who is receiving 

hospital in accordance with § 41-21-77 treatment at a local hospital pending a 

may be discharged by the director of the bed at the state facility. In this situation, 

facility in accordance with either this sec- only the director of the facility to which 

tion or § 41-21-87. Neither of those stat- the person was committed (the state facil- 

utes contemplates a hearing prior to dis- ity) would have the authority to release or 

charge of the patient by the director, discharge a patient. Tillman, Nov. 7, 2003, 

Tillman, Nov. 7, 2003, A.G. Op. 03-0542. a.G. Op. 03-0542. 

The physician or local hospital director 
does not have the same authority with 

§ 41-21-83. Hearing on need for further treatment. 

If a hearing is requested as provided in Section 41-21-74, 41-21-81 or 
41-21-99, the court shall not make a determination of the need for continued 

299 



§ 41-21-83 Public Health 

commitment unless a hearing is held and the court finds by clear and 
convincing evidence that (a) the person continues to be mentally ill or mentally 
retarded; and (b) involuntary commitment is necessary for the protection of the 
patient or others; and (c) there is no alternative to involuntary commitment. 
Hearings held pursuant to this section shall be held in the chancery court of 
the county where the facility is located; provided, however, that if the patient 
is confined at the Mississippi State Hospital at Whitfield, Mississippi, the 
hearing shall be conducted by the Chancery Court of the First Judicial District 
of Hinds County, Mississippi. 

The hearing shall be held within fourteen (14) days after receipt by the 
court of the request for a hearing. The court may continue the hearing for good 
cause shown. The clerk shall ascertain whether the patient is represented by 
counsel, and, if the patient is not represented, shall notify the chancellor who 
shall appoint counsel for him if the chancellor determines that said patient for 
any reason does not have the services of an attorney; provided, the patient may 
waive the appointment of counsel subject to the approval of the court. Notice 
of the time and place of the hearing shall be served at least seventy- two (72) 
hours before the time of the hearing upon the patient, his attorney, the 
director, and the person requesting the hearing, if other than the patient, and 
any witnesses requested by the patient or his attorney, or any witnesses the 
court may deem necessary or desirable. 

The patient must be present at the hearing unless the chancellor deter- 
mines that the patient is unable to attend and makes that determination and 
the reasons therefor part of the record. 

The court shall put its findings and the reasons supporting its findings in 
writing and shall have copies delivered to the patient, his attorney, and the 
director of the treatment facility. An appeal from the final commitment order 
by either party may be had on the terms prescribed for appeals in civil cases; 
however, such appeal shall be without supersedeas. The record on appeal shall 
include the transcript of the commitment hearing. 

SOURCES: Laws, 1975, ch. 492, § 5(2-5); Laws, 1984, ch. 477, § 12; Laws, 1985, 
ch. 454, § 5; Laws, 1994, ch. 533, § 9; Laws, 1994, ch. 599, § 9; Laws, 2001, ch. 
331, § 4, eff from and after July 1, 2001. 

Cross References — Appeals in cases of persons of unsound mind generally, see 
§ 11-51-9. 

Applicability of this section to costs incurred when person in need of mental 
treatment is represented by public defender, see § 25-32-9. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Report by director of mental health facility regarding patient prior to termination of 
initial involuntary commitment order or discharge, see § 41-21-82. 

Costs of a hearing or appeal under this section, see § 41-21-85. 

Right of patient to request hearing at least once a year, see § 41-21-99. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Patient's right to program of care and treatment designed to render further custody 
or institutionalization unnecessary, see § 41-21-102. 

300 



Mentally III Persons, Etc. § 41-21-85 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 
ATTORNEY GENERAL OPINIONS 

Pursuant to § 41-21-79, the cost of The standard for finding a person to be 

transportation of a mental patient should mentally ill or mentally retarded under 

paid out of county funds and the respon- this section is different than finding some- 

sibility of the county of the patient's resi- one incompetent to stand trial under 

dence; however, other costs of transporta- URCCC 9.06. Peterson, Apr. 23, 2004, 

tion as identified in this section should be A.G. Op. 04-0133. 
the responsibility of the State Board of 
Mental Health. Smith, Mar. 18, 2003, AG. 
Op. #02-0219. 

RESEARCH REFERENCES 

Am Jur. 14 Am. Jur. PI & Pr Forms lease, discharge, or recommitment of in- 

(Rev), Incompetent Persons, Forms 1 et competent). 

seq. (initiation of proceedings to deter- 14 Am. Jur. PI &Pr Forms (Rev), Incom- 

mine competency status). petent Persons, Forms 151-154 (adjudica- 

14 Am. Jur. PI & Pr Forms (Rev), Incom- tion of status of competency), 

petent Persons, Forms 61 et seq. (notice of 14 Am. Jur. PI & Pr Forms (Rev), Incom- 

hearing). petent Persons, Forms 161-163 (warrant- 

14 Am. Jur. PI & Pr Forms (Rev), Incom- for com mitment). 
petent Persons, Forms 221 et seq. (re- 

§ 41-21-85. Payment of costs of hearing on need for further 
treatment. 

All costs of the hearing or appeal under Section 41-21-83, including, but 
not limited to, costs of all writs, notices, petitions, appeals, and attorney's fees 
and transportation of the patient to and from the place of the hearing shall be 
borne by the treatment facility in those instances where the patient is 
indigent, provided that if the patient is not indigent, all costs shall be taxed to 
the patient. 

SOURCES: Laws, 1975, ch. 492, § 5(6); Laws, 1984, ch. 477, § 13, eff from and 
after July 1, 1984. 

Cross References — Applicability of this section to costs incurred when person in 
need of mental treatment is represented by public defender, see § 25-32-9. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

RESEARCH REFERENCES 

Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 120 et seq. 



301 



§ 41-21-87 Public Health 

§ 41-21-87. Discharge at behest of director of treatment facil- 
ity. 

(1) The director of either the treatment facility where the patient is 
committed or the treatment facility where the patient resides while awaiting 
admission to any other treatment facility may discharge any civilly committed 
patient upon filing his certificate of discharge with the clerk of the committing 
court, certifying that the patient, in his judgment, no longer poses a substan- 
tial threat of physical harm to himself or others. 

(2) A director of a treatment facility specified in subsection (1) above may 
return any patient to the custody of the committing court upon providing seven 
(7) days' notice and upon filing his certificate of same as follows: 

(a) When, in the judgment of the director, the patient may be treated in 
a less restrictive environment; provided, however, that treatment in such 
less restrictive environment shall be implemented within seven (7) days 
after notification of the court; or 

(b) When, in the judgment of the director, adequate facilities or treat- 
ment are not available at the treatment facility. 

(3) No committing court shall enjoin or restrain any director of a treat- 
ment facility specified in subsection (1) above from discharging a patient 
pursuant to this section whose treating professionals have determined that the 
patient meets one of the criteria for discharge as outlined in subsection (1) or 
(2) of this section. The director of the treatment facility where the patient is 
committed may transfer any civilly committed patient from one facility 
operated directly by the Department of Mental Health to another as necessary 
for the welfare of that or other patients. Upon receiving the director's 
certificate of transfer, the court shall enter an order accordingly. 

(4) Within twenty-four (24) hours prior to the release or discharge of any 
civilly committed patient, other than a temporary pass due to sickness or death 
in the patient's family, the director shall give or cause to be given notice of such 
release or discharge to one (1) member of the patient's immediate family, 
provided the member of the patient's immediate family has signed the consent 
to release form provided under subsection (5) and has furnished in writing a 
current address and telephone number, if applicable, to the director for such 
purpose. The notice to the family member shall include the psychiatric 
diagnosis of any chronic mental disorder incurred by the civilly committed 
patient and any medications provided or prescribed to the patient for such 
conditions. 

(5) All providers of service in a treatment facility, whether in a community 
mental health/retardation center, region or state psychiatric hospital, are 
authorized and directed to request a consent to release information from all 
patients which will allow that entity to involve the family in the patient's 
treatment. Such release form shall be developed by the Department of Mental 
Health and provided to all treatment facilities, community mental health/ 
retardation centers and state facilities. All such facilities shall request such a 
release of information upon the date of admission of the patient to the facility 
or at least by the time the patient is discharged. 

302 



Mentally III Persons, Etc. 



§ 41-21-87 



SOURCES: Laws, 1975, ch. 492, § 6(1); Laws, 1984, ch. 477, § 14; Laws, 1997, ch. 
587, § 4; Laws, 2001, ch. 331, § 5; Laws, 2004, ch. 547, § 2, eff from and after 
July 1, 2004. 

Editor's Note — Laws of 1997, ch. 587, § 1, provides as follows: 

"SECTION 1. This act shall be known and may be cited as the 'Mississippi Mental 
Health Reform Act of 1997.'" 

Cross References — Report of and certificate of physician's or psychologist's initial 
examination in involuntary commitment proceedings, see § 41-21-69. 

Patients' rights while confined in treatment facility, and written notification thereof, 
see § 41-21-102. 

Discharge of minor committed by youth court to State institution designed for special 
care to be made pursuant to this section, see § 43-21-611. 

Procedure for restoration to reason and discharge of guardian of person for whom 
guardian has been appointed or who has been found in need of mental treatment, see 
§ 93-13-151. 

Proceedings pertaining to persons in need of mental treatment, see Miss. R. Civ. P. 81. 

JUDICIAL DECISIONS 



1. In general. 

When chancery court commits party to 
insane hospital, it does not pass upon his 



right to discharge; that being question for 
hospital authorities. Hoye v. State, 169 
Miss. Ill, 152 So. 644 (1934). 



ATTORNEY GENERAL OPINIONS 



The physician or local hospital director 
does not have the same authority with 
regard to a patient who is committed to 
East Mississippi State Hospital, or any 
other state institution, who is receiving 
treatment at a local hospital pending a 
bed at the state facility. In this situation, 
only the director of the facility to which 
the person was committed (the state facil- 
ity) would have the authority to release or 
discharge a patient. Tillman, Nov. 7, 2003, 
A.G. Op. 03-0542. 



Patients who have been judicially com- 
mitted to East Mississippi State Hospital, 
who are receiving treatment in a local 
hospital in accordance with § 41-21-77 
may be discharged by the director of the 
facility in accordance with either § 41- 
21-82 or this section. Neither of those 
statutes contemplates a hearing prior to 
discharge of the patient by the director. 
Tillman, Nov. 7, 2003, A.G. Op. 03-0542. 



RESEARCH REFERENCES 



ALR. Immunity of public officer from 
liability for injuries caused by negligently 
released individual. 5 A.L.R.4th 773. 

Governmental tort liability for injuries 
caused by negligently released individual. 
6 A.L.R.4th 1155. 

Propriety of transferring patient found 
not guilty by reason of insanity to less 
restrictive confinement. 43 A.L.R.5th 777. 



Am Jur. 53 Am. Jur. 2d, Mentally Im- 
paired Persons §§ 60 et seq. 

13 Am. Jur. PI & Pr Forms (Rev), Ha- 
beas Corpus, Forms 161-164 (insane or 
mentally ill persons). 

14 Am. Jur. PI & Pr Forms (Rev), Incom- 
petent Persons, Forms 221 et seq. (re- 
lease, discharge, or recommitment of in- 
competent). 



303 



§ 41-21-89 Public Health 

§ 41-21-89. Discharge at behest of patient, attorney, relative 
or guardian. 

Nothing in Sections 41-21-61 through 41-21-107 shall preclude any 
patient, his attorney, or relative or guardian from seeking a patient's release 
from a treatment facility by application for writ of habeas corpus; provided 
that the application shall be made to the chancellor of the county in which the 
patient is hospitalized. Provided, further, that if the patient is hospitalized at 
the Mississippi State Hospital at Whitfield, Mississippi, the said application 
shall be made to a chancellor of the First Judicial District of Hinds County, 
Mississippi. 

SOURCES: Laws, 1975, ch. 492, § 6(2); Laws, 1984, ch. 477, § 15, eff from and 
after July 1, 1984. 

Cross References — Habeas corpus generally, see §§ 11-43-1 et seq. 

Report of and certificate of physician's or psychologist's initial examination in 
involuntary com